Off Broadway Rulebook 05-09

Actors’ Equity Association
AGREEMENT AND RULES
GOVERNING EMPLOYMENT
UNDER THE
OFF BROADWAY AGREEMENT
Effective Date: October 24, 2005
Expiration Date: October 25, 2009
NATIONAL OFFICE
165 West 46th Street
New York, NY 10036
(212) 869-8530
Fax (212) 719-9815
Chicago, IL 60603
Suite 1500
125 South Clark Street
(312) 641-0393 phone
(312) 641-6365 fax
Los Angeles, CA 90036
Suite One
5757 Wilshire Boulevard
(323) 634-1750 phone
(323) 634-1777 fax
San Francisco, CA 94104
Suite 900
350 Sansome Street
(415) 391-3838 phone
(415) 391-0102 fax
Orlando, FL 32821
10319 Orangewood Boulevard
(407) 345-8600 phone
(407) 345-1522 fax
www.actorsequity.org
Actors’ Equity Association
TABLE OF CONTENTS
1.
ACTOR'S OBLIGATIONS TO EQUITY. .................................................................................. 1
2.
AGENTS. ................................................................................................................................. 2
3.
ARBITRATION AND GRIEVANCE ......................................................................................... 3
4.
AUDITIONS (SEE ALSO RULE 42(A), NUDITY.)................................................................... 6
5.
BILLING AND PROGRAMS. (SEE ALSO RULE 47, PHOTOGRAPHS AND PUBLICITY
AND RULE 48, PRESS RELEASES.)................................................................................... 13
6.
BINDING EFFECT OF AGREEMENT................................................................................... 15
7.
BLACKLISTING..................................................................................................................... 15
8.
BREACHES BY PRODUCERS............................................................................................. 15
9.
CALLBOARD......................................................................................................................... 16
10. CHANGES IN CAST: DUTY OF PRODUCER TO ANNOUNCE. ........................................ 17
11. CHORUS: ADDITIONAL COMPENSATION PROVISIONS. ............................................... 18
12. CLAIMS. ................................................................................................................................ 18
13. CLOTHES AND MAKE-UP.................................................................................................... 19
14. CONTINUOUS EMPLOYMENT. ........................................................................................... 22
15. CONTRACT........................................................................................................................... 22
16. CONVERSION RIGHTS TO.................................................................................................. 25
17. CUTS: COMPANY AND INDIVIDUAL.................................................................................. 27
18. DANCE CAPTAINS. .............................................................................................................. 28
19. DEFAULTING EMPLOYERS. ............................................................................................... 28
20. DEFINITIONS........................................................................................................................ 29
21. DEPUTIES AND MEMBERS: NOT TO BE DISCRIMINATED AGAINST............................. 30
22. DEPUTIES AND REPRESENTATIVES. ............................................................................... 30
23. DISCRIMINATION.................................................................................................................31
24. DUES AND INITIATION FEES.............................................................................................. 31
25. DUTIES OF THE ACTOR......................................................................................................31
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26. EQUAL EMPLOYMENT OPPORTUNITY - NON-TRADITIONAL CASTING NONDISCRIMINATION......................................................................................................... 31
27. EQUITY: SPECIAL PROVISIONS. ...................................................................................... 33
28. ESTOPPEL............................................................................................................................ 34
29. EXCLUSIVE SERVICE OF THE ACTOR.............................................................................. 34
30. 401(K) PLAN DEFERRAL. .................................................................................................... 34
31. HOSPITALIZATION AND MEDICAL INSURANCE. ............................................................. 35
32. ILLNESS AND LEAVES. ....................................................................................................... 36
33. INJURY & WORKERS’ COMPENSATION INSURANCE. .................................................... 39
34. INTIMIDATION ...................................................................................................................... 40
35. JUVENILE ACTORS. ............................................................................................................ 40
36. LAY-OFF: CHRISTMAS AND HOLY WEEKS (EASTER AND JEWISH NEW YEAR). ....... 41
37. LAWS GOVERNING. ............................................................................................................ 41
38. MILITARY SERVICE OF THE ACTOR. ................................................................................ 41
39. MORE REMUNERATIVE EMPLOYMENT............................................................................ 41
40. MOTION PICTURE RIGHTS................................................................................................. 43
41. NO LOCKOUTS OR STRIKES. ............................................................................................ 44
42. NUDITY. ................................................................................................................................ 44
43. NUMBER IN CAST................................................................................................................ 46
44. OUT OF TOWN ACTOR. (SEE ALSO RULE 68 TRANSFERS AND CO-PRODUCTIONS)46
45. PENSION FUND. ..................................................................................................................46
46. PERFORMANCES. ............................................................................................................... 46
47. PHOTOGRAPHS AND PUBLICITY. (SEE ALSO RULE 5, BILLING AND PROGRAMS
AND RULE 64, TELEVISING, RECORDING, AND MOTION PICTURE.)............................ 48
48. PRESS RELEASES. ............................................................................................................. 50
49. PRODUCTION PROSECUTED ............................................................................................ 50
50. PROPERTY: REIMBURSEMENT TO ACTOR FOR LOSS OR DAMAGE.......................... 51
51. RECORDINGS USED IN PRODUCTION. ............................................................................ 52
52. REHEARSALS. ..................................................................................................................... 53
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53. REOPENING OF A PLAY. .................................................................................................... 59
54. REPLACEMENT OF ACTOR................................................................................................ 59
55. REPORTS. ............................................................................................................................ 60
56. REST PERIODS AND DAYS OFF. ....................................................................................... 61
57. SAFE AND SANITARY CONDITIONS OF EMPLOYMENT. ................................................ 62
58. SALARIES. ............................................................................................................................ 67
59. SECRET VOTE. .................................................................................................................... 77
60. SECURITY AND SECURITY AGREEMENTS. ..................................................................... 77
61. SOCIAL SECURITY - UNEMPLOYMENT INSURANCE ...................................................... 78
62. STAGE FIGHTING. ............................................................................................................... 78
63. STAGE MANAGERS AND ASSISTANT STAGE MANAGERS. ........................................... 79
64. TELEVISING, RECORDING AND MOTION PICTURE. ....................................................... 83
65. TERM OF EMPLOYMENT. ................................................................................................... 92
66. TERM RIDER (SEE ALSO RULES 39(A) AND 39(B)) ......................................................... 93
67. TERMINATION (SEE ALSO RULE 39, MORE REMUNERATIVE EMPLOYMENT AND
RULE 54, REPLACEMENT OF ACTOR.) ............................................................................. 93
68. TRANSFERS AND CO-PRODUCTIONS.............................................................................. 96
69. UNDERSTUDIES. ................................................................................................................. 97
70. UNION EMBLEM...................................................................................................................98
71. UNION SECURITY................................................................................................................ 98
72. VACATIONS.......................................................................................................................... 99
73. VOLUNTARY CLASSES. ....................................................................................................100
74. VOTE. (SEE RULE 59, SECRET VOTE.) ...........................................................................100
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AGREEMENT made October 24, 2005 between Actors' Equity Association (hereafter
called "Equity") and the League of Off-Broadway Theatres and Producers (hereafter
called "League" and/or "Producer").
RECOGNITION
The League and the Producer agree to recognize Equity as the exclusive bargaining
representative of all the Actors (Principals, Chorus, Stage Managers, Assistant Stage
Managers, and Understudies) employed by them in the Off-Broadway area for the
purpose of collective bargaining and the administration of matters within the scope of
this Contract.
OFF-BROADWAY AREA
This Agreement is applicable only to productions presented in the borough of
Manhattan unless Equity otherwise consents in writing, but may not be used in any
theatre located in an area bounded by Fifth and Ninth Avenues from 34th Street to 56th
Street and by Fifth Avenue and the Hudson River from 56th Street to 72nd Street, nor
may it be used in any theatre having a capacity of more than 499.
It is agreed that the Off-Broadway contract is not applicable where the primary intent is
the development of a play or musical through the collaborative authorship of the
Playwright and/or Director, and the Actors.
RULES GOVERNING EMPLOYMENT
1. ACTOR'S OBLIGATIONS TO EQUITY.
(A) Nothing contained in any employment contract signed by any Actor shall be
construed so as to interfere with the carrying out of any obligation which an
Actor owes to Equity by virtue of the Actor's membership, and the Producer shall
not only not request or require any Actor to do any act or thing forbidden by the
Constitution and By-Laws of Equity or by the rules or orders of the Council of
Equity or orders of its authorized executives, but will require the Actor to do
and/or assent to the Actor doing any and all acts required by the foregoing.
(B) The Producer further agrees that the Producer has notice:
(1) That the Associated Actors and Artistes of America (hereinafter referred to
as the 4 A's) is a voluntary Association and is subject to the Constitution, ByLaws, rules, regulations and orders of the American Federation of LaborCongress of Industrial Organizations (AFL-CIO), from which it derives its
charter.
(2) That Equity deriving its charter from the 4 A's is in turn subject to the
Constitution, By-Laws, orders, rules and regulations of the 4 A's and the
American Federation of Labor-Congress of Industrial Organizations.
(3) That the Actor is directly subject to the Constitution, By-Laws, rules,
regulations and orders of the 4 A's, and the Producer agrees not to require
the Actor to do any act or thing forbidden by the Constitution or By-Laws of
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the 4 A's or by its rules, orders or regulations. Contracts of employment shall
be subject to all such rules and regulations.
(C) Nothing contained in this Rule shall, however, require the Producer to take
any action which is not legally permissible, or permit Equity to change, modify,
amend, supersede or impose any conditions or obligations upon the Producer
which are not specifically set forth in the Agreement Governing Employment OffBroadway or in any of the individual agreements made with Actors, consistent
herewith.
2. AGENTS.
(A) Equity Franchise Required. The Producer has notice that if negotiation for or
the obtaining of this contract by the Actor is through any employment agent or
personal representative not holding an Equity Franchise, or one whose
Franchise is not in good standing, the Actor is liable to suspension or other
disciplinary action.
(B) Commissions. Should the Producer contact the Actor directly and agree with
the Actor as to the salary and part, the Producer shall not directly or indirectly
require an Agent to intervene to complete the engagement or require the Actor
to sign the contract at or through an Agent's office. Any such Agent so engaged
does not represent the Actor, and should such Agent make a claim for
commission, the Actor will notify the Producer accordingly, and the Producer
agrees to indemnify the Actor and hold the Actor harmless from any such claim.
For Agency Commission Schedules, go to www.actorsequity.org and select the
Document Library. In the Document Library, select Agency and then select
Agency Commission Schedule for the most up to date information. Other
Agency related documents are also available for review.
(C) Chorus Commissions Prohibited. The Producer has notice that Actors
performing under a Chorus Contract shall not pay commission to any agent,
except as in accordance with the Equity Agency Regulations.
(D) Should a Producer submit a charge to Equity alleging that an Equityfranchised agent has advised an Actor to breach any part of this Agreement,
together with proof satisfactory to Equity supporting the claim, Equity shall, in
accordance with and subject to the due process provisions of the Equity-Agency
Regulations, initiate disciplinary procedures against the Agent.
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3. ARBITRATION AND GRIEVANCE
Except as otherwise expressly provided in these Rules, any dispute between a
Producer and/or the League and the Actor and/or Equity relating to the interpretation or
application of the Collective Bargaining Agreement between Equity and the League
shall be submitted to the Grievance Committee at the request of either Equity, the
Producer, or the League, and, if not decided by the Grievance Committee, shall be
submitted to arbitration as provided below.
(A) Grievance Committee. It is agreed that the grievance procedures set forth in
Rule 3, ARBITRATION AND GRIEVANCE shall be available only to those
producers who are members of the League of Off-Broadway Theatres and
Producers. The Grievance Committee shall consist of between three and five
representatives of Equity (the Equity Panel) and between three and five
representatives of the League (the League Panel) plus a representative of
Equity who shall advocate for the Actor(s) party to the grievance or dispute, and
a representative of the League of Off-Broadway Theatres and Producers (who
shall be a member of the Board of the League) who shall advocate for the
League member(s) party to the grievance or dispute.
The Equity and League advocates shall be non-voting members of the Grievance
committee but may be present for the deliberations.
In order to protect the integrity of the Grievance Committee, the parties agree that
only the advocates for Equity and the League and not the Grievance Panel
members shall have been in contact with their respective grieving parties regarding
the particulars of the grievance prior to the meeting of the Grievance Committee,
provided however that Equity may be in contact with the grieving Producer.
In rendering decisions, the Equity Panel and League Panel shall each cast one
vote.
No decision of the Committee shall be made in the absence of two concurring
votes. A decision of the Committee (by two concurring votes) on a grievance or
dispute shall be final and binding on the parties.
(1) Expedited Procedures.
(a) Matters of dispute set forth in paragraph (C) below shall be submitted to
the Grievance Committee by written notice (sent by Certified Mail/Return
Receipt Requested, Fax [acknowledged as received on the approved
Equity form, hereinafter referred to as "return receipt requested"] or by hand
delivery with delivery acknowledged by a receipt) to the Eastern Regional
Director of Equity and to the President of the League, which notice shall
state that the dispute is subject to expeditious grievance and arbitration
procedure. In the case of a grievance or dispute submitted by Equity, a
copy of the notice shall be sent to the Producer involved.
(b) The Committee shall meet promptly to consider the grievance or
dispute. In the event that the grievance or dispute is not decided by the
Committee within 72 hours (including at least two business days) after
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delivery of notice of the dispute to the Committee, the grievance or dispute
may be submitted to arbitration as provided in paragraph (C) below.
(2) Non-Expedited Procedures.
(a) Matters of dispute other than those set forth in paragraph (C) below
shall also be submitted to the Grievance Committee by written notice (sent
by Certified Mail or Fax, return receipt requested, or by hand delivery with
delivery acknowledged by a receipt) to the Eastern Regional Director of
Equity and to the President of the League. In the case of a dispute
submitted by Equity, a copy of the notice shall be sent to the Producer
involved.
(b) The Committee shall meet promptly to consider the grievance or
dispute. In the event that the grievance or dispute is not decided by the
Committee within 30 calendar days after delivery of notice of the dispute to
the Committee, the grievance or dispute may be submitted to arbitration as
provided in paragraph (B) below.
(B) A permanent board of arbitrators shall be maintained to hear and determine
such disputes not resolved by the Grievance Committee on a rotating basis. In
the event a member of the board is not available to hear a dispute in that
member's proper turn, the next available board member will be substituted.
(1) The permanent board of arbitrators shall consist of George Nicolau, Carol
Wittenberg, Martin Scheinman and Howard Edelman and shall serve for the
duration of the collective bargaining agreement unless The League or Equity,
30 days prior to the annual anniversary date of the contracts, requests the
removal of any board member in writing by notice to the other party and to the
arbitrator. In such event or in the event the arbitrator should resign or for
other reasons be unable to perform his/her duties, the arbitrator's successor
shall be chosen by the mutual agreement of the parties herein or, upon failure
of such agreement, by the American Arbitration Association.
(2) In the event it is necessary to hold an arbitration outside New York City,
the parties, by mutual agreement, may stipulate in writing to have such
arbitration held before the American Arbitration Association and in
accordance with its Voluntary Labor Arbitration Rules.
(3) The award of the arbitrator shall be in writing and may be issued with or
without opinion. If any party desires an opinion, said party may request
same, but such request shall not delay compliance with, or enforcement of,
the award.
(4) The failure of any party to attend the arbitration hearing as scheduled shall
not delay said arbitration, and the arbitrator is authorized to proceed to take
evidence and issue an award as though such party were present.
(5) The award of the arbitrator shall be final and binding on all parties.
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(6) Interest. In the event an award is rendered, the arbitrator has the right to
assess interest, retroactive to the date of the claim, at the then prevailing
prime rate in effect on the date of the award.
(C) Expeditious Grievance and Arbitration.
In cases where an Actor is
discharged by the Producer for reasons set forth in Rule 54, REPLACEMENT
OF ACTOR, or in cases where there is a dispute under Rule 5, BILLING; Rule
21, DEPUTIES AND MEMBERS; Rule 25, DUTIES OF THE ACTOR; Rule 64,
TELEVISING, RECORDING AND MOTION PICTURES; or Rule 67(E)
TERMINATION, Just Cause; and the dispute has not been decided by the
Grievance Committee, either Equity or the Producer shall have the right to
invoke the following expeditious arbitration procedure:
(1) The dispute or grievance shall be asserted by a notice in writing by
registered mail, Fax or by telegram, return receipt requested for each of the
above, given to the other party. A copy of such notice shall simultaneously be
sent to the arbitration board at an address to be designated by them.
(2) Such dispute, complaint or grievance shall be submitted to arbitration
within 24 hours after receipt of notice by the arbitration board and the award
shall be issued not later than for 48 hours after the conclusion of the hearing.
(3) The award of the arbitrator shall be in writing and may be issued with or
without opinion. If any party desires an opinion said party shall request same,
but such request shall not delay compliance with and/or enforcement of the
award.
(4) The failure of any party to attend the arbitration hearing as scheduled shall
not delay said arbitration, and the arbitrator is authorized to proceed to take
evidence and issue an award as though such party were present.
(5) The award of the arbitrator shall be final and binding on all parties.
(D) In matters of dispute other than those set forth in paragraph (C) above,
which have not been decided by the Grievance Committee, the dispute or
grievance shall be asserted by a written demand for arbitration served upon the
other party with a copy to the board of arbitrators at the address designated by
them. Hearing shall commence within 30 days following the submission of said
notice if possible. The decision of the arbitrator shall be rendered in writing
within 30 days following the conclusion of the hearing. Either party may request
an expeditious arbitration pursuant to the procedure set forth in paragraph (C)
above, which procedure shall be followed unless the other party objects within
12 hours after receipt of the request by telegram or Fax, return receipt
requested, a copy of which shall be sent to the permanent board of arbitrators.
In the event the other party objects, the expeditious arbitration procedure shall
not be used. It is understood that both the Producer and Equity should be
permitted to use the expeditious arbitration procedure in cases where prompt
award would necessarily limit the amount of damages in issue or in other cases
where prompt determination is necessary or especially desirable. However,
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except in the instances set forth in paragraph (C) above, no party shall have the
right to such an expeditious arbitration over the objection of the other party.
(E) In the event Equity is given formal written notice by the Producer of the
discipline of an Actor pursuant to the provisions of Rule 54(C), the matter shall
be considered settled unless submitted by Equity to the Grievance Committee
within 10 days, and, if not decided by the Grievance Committee, submitted by
Equity to arbitration within 10 days of written notice to Equity that the Committee
has failed to reach a decision on the matter. In all other cases the arbitrator
may consider the laches of either side in initiating an arbitration procedure in
consideration of the dispute.
(F) The expenses of the arbitration, including the compensation of the arbitrator,
shall be shared equally by Equity and the Producer.
4. AUDITIONS (See also Rule 42(A), NUDITY.)
(A) General Rules.
The Producer shall conduct auditions for performers. The following conditions shall
apply:
(1) Among the auditions held, there shall be auditions for Equity performers.
(2) The Producer is under no obligation to hire any person pursuant to any
principal or chorus audition procedures including the procedures for Equity
performers set forth below.
(3) Auditions by appointment, including callback auditions, shall not be
conducted prior to the completion of all other required Equity auditions.
(B) Equity Auditions: General Provisions for Principal and Chorus.
(1) The Producer shall not hold auditions on any day when an Equity meeting
is scheduled, provided that Equity notified the Producer in advance of such
meeting
(2) The Producer shall submit to the Equity Auditions Department, no later
than two weeks prior to the first Principal or Chorus Audition, a casting notice
including a complete cast breakdown, setting forth a definitive description of
each character in the production, and of all stage managerial positions. The
Equity Principal and Chorus Audition notice shall contain character
descriptions identical to those in notices sent to a breakdown service or
intended for agents and/or managers. If a synopsis or other information
regarding the play or author is provided in notices to a breakdown service,
agents and/or managers, identical information shall be included in the Equity
Principal and Chorus Audition notice. The Producer shall indicate the agreed
upon time, date and location of the Principal and/or Chorus Audition and the
name of the person who will be conducting the audition, for posting at Equity
(see (C) and (D) below). The Producer reserves the right to make changes or
substitutions of those who are conducting Principal Auditions, provided that
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those substituted shall have the authority to set up a subsequent audition and
to share in making casting recommendations.
(3) This casting notice shall also contain instructions to prepare for auditions
(e.g. “Prepare a traditional musical theatre song”, “Prepare a contemporary
comic monologue”, “Sides will be provided at the audition”, “Please bring
dance clothes”, etc.) and a list of the names of the Producer, composer,
lyricist, author and/or book-writer, director, assistant director, musical director,
choreographer, stage manager, professional casting director, general
manager and company manager. If any of this information is not known at
the time the casting notice is submitted, the Producer shall provide it to the
Equity Auditions Department as soon as it is known.
(4) Equity shall receive this casting notice prior to the submission of any
casting announcement to agents, managers or to a breakdown service.
(5) The casting notice shall also indicate available stage management
positions, if any. (See Rule 4(C)(6).)
(6) All Auditions shall be held in a theatre, rehearsal hall or other Equity
approved location which is in compliance with Safe and Sanitary provisions
set forth below.
(7) The Producer shall use the facilities of the Equity Audition Center for
EPA’s and Chorus Calls, to the extent that these facilities are available and
compatible with the interview and audition requirements of the Producer.
(8) The Producer shall consult with the Equity Auditions Department with
respect to the scheduling of auditions.
(9) An Equity monitor shall be present at no cost to the Producer to organize
the auditions. The Producer shall make the premises available to the Equity
monitor and performers at least one hour prior to scheduled auditions.
(10) If the Producer is casting actors who are required to sing in the
production and will be seeking singers through invited auditions, the Producer
shall also provide, for the EPA, a piano and an accompanist who can sight
read.
(11) The Producer (or representative) shall keep a sign-in sheet, provided by
Equity, at all callbacks and appointment auditions to denote arrival and
departure times of all performers, and furnish a copy to Equity. Performers
who are required to be at an audition or callback longer than three hours from
the scheduled appointment shall be paid at the rate of $15 per hour for the
fourth hour and for each additional hour or part thereof. Should the performer
be late for the appointment, the Producer may dismiss the performer and reschedule the audition. Should the Producer not exercise this option, the
computation time shall commence upon the performer’s arrival.
(12) When a role to be cast depicts a character with a specific physical
disability, the Producer shall include this information in the casting
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specifications so that performers with similar disabilities may be informed of
the opportunity to audition for the role.
(13) When a deaf performer is sought, the Producer shall provide, during the
audition, a qualified interpreter for the deaf (i.e. an interpreter qualified or
certified in sign language or oral interpretation).
(14) All audition material provided by the Producer shall, upon request, be
made available at a place to be designated by the Producer at least 48 hours
in advance of the audition to blind and visually impaired performers.
(C) Equity Principal Auditions and Interviews [See also Rules 4(A) & (B) above.].
Principal Auditions for Equity performers shall be conducted in accordance with
the following:
(1) The Equity Principal Audition (EPA) is defined as a scheduled time and
place at which Equity performers shall be auditioned for principal roles.
(2) There shall be three days of EPA’s for each play or musical.
(3) Six performers will be scheduled in twenty-minute blocks of time. The
length of each performer’s audition will be at the discretion of the Producer or
the Producer’s representative who is running the call, with a minimum of one
minute given to each performer. Any time left over within the twenty-minute
block will be assigned to “alternates.”
(4) For musicals, singing and/or dancing may be required at the audition.
(5) In lieu of an audition, at the performer’s choice, the performer may be
interviewed.
(6) Stage Managers Networking Event. Equity will sponsor an annual
Networking Event for Stage Managers specifically for the Off-Broadway
arena. Each Off-Broadway Institutional Theatre and each commercial
producer/general manager office shall make every effort to send a
representative who has the authority to recommend a subsequent interview.
(7) Subsequent Principal Auditions shall be held within three weeks of holding
the required Equity principal auditions. Equity shall be notified when the
subsequent auditions will be held.
(8) Each day of EPA’s shall consist of seven hours out of eight or eight and
one half hours, at Producer’s option; however, two separate half days may be
substituted and scheduled in place of any one day, provided that there are no
fewer than four hours per day.
(9) The first day of auditions must be held no earlier than 26 weeks prior to
the start of rehearsals and should more than 26 weeks elapse before
rehearsal begins a new Principal Audition shall be required.
(10) The EPA’s shall be conducted by the director and/or Producer (or
designated representative); any such representative shall have the authority
to set up a subsequent audition and to share in casting recommendations.
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The Producer shall designate the representative in writing and shall make
best efforts to submit such designation to Equity prior to the audition.
(11) The Producer shall see as many auditionees as time allows, as set forth
above, but in no event fewer than 120 performers per each seven hour day.
This provision shall not be applicable for Institutional Theatre Principal
Auditions. (See (17) below.)
(12) Except in an emergency, the location or time of the Principal Audition
may not be changed without the consent of Equity.
(13) If the Producer chooses to audition from scripts, sides or similar
materials, such materials will be made available at least 30 minutes prior to
the first scheduled audition time. If the material has more than one character,
the Producer will provide a reader who is not auditioning during the auditions
for said material.
(14) If the production is a new script, or if the script is currently unavailable,
the Producer shall, at Producer’s discretion, provide a perusal script to the
monitor at least 30 minutes prior to the first scheduled audition time.
(15) Subsequent Equity Principal Auditions.
(a) Principal performers shall be called to audition at specific times, and
shall not be called in groups unless for physical screening and/or voice
blending.
(b) Auditions and/or readings, excluding required auditions or interviews,
shall be limited to four in number for each performer and said performer shall
be compensated at the rate of one-seventh of minimum salary for each
reading and/or audition over four to which the performer is called.
(c) Franchised agents may accompany their clients to all audition locations
and, at the Producer's option, may attend the audition.
(d) If the Producer is casting actors who are required to sing in the
production and will be seeking singers through invited auditions, the
Producer shall also provide for the EPA a piano and an accompanist who
can sight read.
(e) The director or the Producer's designee, who has final casting authority,
shall be present at all auditions. The musical director, or the Producer's
designee, shall be present at all auditions for singers, and the
choreographer, or the Producer’s designee, shall be present at all auditions
for dancers.
(f) Performers shall be given specific appointments. Not more than 12
auditions, including reading, singing and dancing, may be scheduled in an
hour.
(16) Principal Auditions for Converted Production. If a production is converted
from any Equity contract, then
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(a) EPA’s shall be waived, provided that the cast is complete, including
understudies; or
(b) A minimum of two days of EPA’s shall be required if there are any
openings in the company, including understudies.
(17) Principal Auditions for Institutional Theatres. Institutional, not-for-profit
theatres that maintain their own casting departments and have established a
general audition policy, shall be required to hold EPA’s each season, subject
to the following:
(a) The Producer's representative shall be a person with the authority to
make a casting recommendation and to share in casting decisions. (See
4(B)(2) above.)
(b) Subsequent auditions may be held without regard to the time limitation
set forth above.
(c) All other requirements for EPA’s, as set forth in (C) above, shall apply
for Institutional Theatres, except where modified by this section.
(1) Institutional theatres may group together and conduct 3 days of
joint general auditions per contract year. These may be conducted over
three consecutive days or in two sessions of two days and one day.
Equity, in consultation with the casting departments of the Institutional
Theatres shall determine the place and arrange the location (which may
be the Equity Audition Center), the dates, and the times. However, no
fewer than two days of such auditions shall be held between May 1 and
August 1 of each year.
(2) Each day of auditions/interviews shall take place within a span of
seven out of eight and one-half consecutive hours.
(3) Each performer will have up to five minutes to audition using
material of the actor’s own choice within categories set by the Theatres.
(4) An individual with casting authority from each individual Institutional
Theatre must be present at all times during auditions/interviews.
(5) For joint-general auditions only, Institutional Theatres shall not be
obligated to see a performer more than once each contract year.
(6) Any institutional theatre that does not participate in the joint general
days described above will be required to hold ten days of EPA’s in that
contract year.
(d) In addition to the provisions of 4(C)(17)(c)(1)above, each Institutional
Theatre shall hold one day of production-specific auditions for each of four
productions in that season in accordance with Rule 4(A), (B) and (C).
Should a theatre schedule a musical production, one of these days shall be
for said musical.
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(D) Equity Chorus Provisions. (See also Rule 4(A) and (B) above.)
Chorus auditions for Equity performers shall be conducted in accordance with
the following:
(1) Equity shall receive at least two weeks notice of a chorus call.
(2) Auditions may, if necessary, be held on two separate days, one day for
voice and/or general qualifications and one day for dancing and/or general
qualifications. If these two days are not consecutive, the Chorus shall not be
required to report for any purpose on the intervening days.
(3) If Chorus performers are required to rehearse numbers to be used in the
production, this shall constitute the beginning of the rehearsal period.
(4) Equity shall have the right, in consultation with the Producer, to schedule
auditions so that no more than two productions hold their first or final audition
on the same day or call the same category (singer or dancer) at the same
time.
(5) The Producer shall audition singers (male and female) and dancers (male
and female) separately at the first call for Equity Chorus performers at which
singers are to sing first, and dancers are to dance first, and shall notify Equity
as to the group called and the time and place of said call.
(6) For each auditioning performer there shall be not more than five
consecutive hours of auditions in one day.
(7) If, at the final audition, the selection of a performer is to be determined at a
final match-up, then the performer retained for the match-up from the earlier
audition, shall be released following selection, and shall be free until the final
match-up, unless the performer is required to read for a part or understudy.
In the event the final audition exceeds five hours, there shall be a break of at
least one hour, after not more than five consecutive hours of auditions, with a
maximum of eight hours of auditions in a day.
(8) The Producer shall not, under any circumstances, halt the continued
progress of a Chorus Audition to audition a performer for a principal role.
Auditions may, if necessary, be held on two separate days. At the first
audition, Chorus performers may be typed, asked to dance and/or sing; after
all the performers have auditioned for dancing and/or singing, the performers
may be asked to read for chorus parts and/or understudy. At the second
audition, Chorus performers may again be asked to do all of the above. If
these two days are not consecutive, the performers shall not be required to
report on the intervening days.
(9) The Producer shall notify Equity of the time and place of the final audition.
(10) The Musical Director or the Producer’s assigned designee, who has final
casting authority, shall be present at all Chorus singer auditions. The
choreographer or the choreographer's assigned designee who has final
casting authority shall be present at all Chorus dancer auditions.
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(11) If a Chorus performer is called for, or works on, any day after the third
audition day, or is called for a fourth Chorus Audition, the performer shall be
compensated on the basis of one-sixth minimum salary for each day or part
thereof.
(E) Safe and Sanitary. The Producer agrees not to audition or rehearse in any
space that has not been previously inspected and approved by a Representative
of Equity. (See also Rule 57(A)(1), SAFE AND SANITARY)
(1) When auditions are held in studios, the Producer shall provide a waiting
room (other than the auditioning room) which has seating and open space
where performers may wait and/or warm-up for the audition. The waiting
room shall be available to the monitor and performers for the entire sign-in
and audition time.
(2) The audition space shall include:
(a) Heat and air-conditioning as necessary.
(b) One private toilet for each gender.
(c) Adequate wash basins with adequate hot and cold water.
(d) Proper ventilation.
(e) Touch-tone pay phone. (Non-touch-tone telephones already in place on
November 2, 1997 will be grandfathered under this rule).
(f) Producer shall use best efforts to provide separate changing facilities
(not lavatories) for men and women at any audition where they are required
to dance.
(g) For dance auditions: sprung dance floor.
(h) Ample, pure, cool drinking water, and cups where necessary, shall be
provided at no cost to the Actor wherever the Actor is required to audition.
(3) When auditions are held in Theatres, the Producer shall provide, to the
extent possible, facilities and conditions similar to those described
immediately above.
(4) When the Producer holds auditions in premises which are not
architecturally accessible for performers with disabilities, the Producer shall,
upon notification by Equity or by a performer with a disability who wishes to
attend the auditions, arrange for appropriate audition facilities to
accommodate equal access for performers with disabilities.
(5) Performers may not audition in any premises that do not comply with the
New York City and State laws and building codes.
(6) All auditions for Equity performers shall be held in facilities in which no
smoking is allowed.
(7) Floors. (See Rule 57(A)).
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(8) Liability Insurance. The Producer shall cause liability insurance to be
provided at all interviews and auditions and shall make the name of the
insurance carrier available to performers at the place of the interview and/or
audition. In the event of an injury, the Producer shall advise performers of the
procedure for filing a claim.
5. BILLING AND PROGRAMS. (See also Rule 47, PHOTOGRAPHS AND
PUBLICITY and Rule 48, PRESS RELEASES.)
(A) House Board. The names of all Actors employed in the production shall be
placed on an alphabetical listing board either in front of the theatre or
prominently displayed inside the lobby. Stage Managers, understudies and
swings may be listed separately on this board. Should there be errors or
omissions in this listing, provided such errors or omissions are not corrected
within two business days after the day on which written notice either by Actor or
Equity is received by the Producer, the Actor shall be paid one-eighth of the
Actor's contractual salary, for each day the error goes uncorrected. (See also
Rule 10, CHANGES IN CAST and Rule 69(E), UNDERSTUDIES.)
(B) In photographs portraying three Actors or fewer and in shows where there
are only four cast members, when a Principal Actor's contractual employment is
terminated, the Actor's name and/or likeness must be removed from all front-ofthe-house boards and frames where the show is playing, as well as from all
frames at other theatres, where the photographs to be replaced are eight by ten
photographs. The removal shall be made prior to the first performance of the
Principal Actor's successor. Should the Producer fail to comply with this Rule
within three days after the giving of written notice either by the Principal Actor,
the Principal Actor's successor and/or Equity, the Producer shall pay extra to the
Principal Actor currently performing and to the Principal Actor whose name
and/or likeness has not been removed, one-eighth of their respective contractual
salaries for each day that the Producer has not complied with the Rule.
(1) When a Principal Actor's contractual employment is terminated, the
Principal Actor's photograph on and/or in the programs must be submitted for
removal prior to the next printing deadline. If the termination occurs at least
seven days prior to the camera ready copy deadline, Producer shall remove
photograph in that printing; otherwise the Producer must remove photo at the
next printing and so notify the terminating Actor and replacement Actor.
(2) In connection with all other advertising and display media under the
Producer's control, the Producer shall exercise reasonable diligence in
removing the name and/or the likeness of the Principal Actor no longer in the
cast.
(C) All provisions pertaining to billing of the Actor not set forth herein shall be
specifically set forth in writing as a rider to the Actor's employment contract. If
billing is contingent on the billing of any other Principal Actor, such contingency
shall be clearly and succinctly set forth in the contract.
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(D) Whenever a breach of a billing clause contained in an Actor's individual
contract is claimed, Equity or the Actor shall notify the Producer by certified
letter or Fax, return receipt requested, or by hand delivery with receipt signed by
the party addressed or their designee, of the breach.
(1) If the breach is not corrected within seven days of receipt of notification
except as provided below, the Producer shall pay to the Actor a sum equal to
one-eighth of the Actor's salary for any time during the first week the breach
continues after the seventh day. For each week the breach continues
thereafter, or if additional breaches occur and the Producer has been properly
notified, the Actor shall be paid cumulatively an additional one-eighth per
week or per breach for as long as the breaches continue (i.e., two-eighths for
the second week or second breach, three-eighths for the third week or third
breach, etc.).
(2) If the breach involves billboards, the time interval for correction shall be
extended to two weeks. Exempted from this provision shall be posters on
unpaid locations (commonly known as sniping).
(3) If the breach involves billing under the Producer's control or creation in a
magazine or similar publication and the Producer does not correct an error in
billing when notified 72 hours prior to the press deadline, the Producer shall
pay to the Actor a sum equal to one-eighth of the Actor's contractual salary.
(4) If the breach involves billing under the Producer's control or creation in a
newspaper, and the Producer does not correct an error in billing when notified
48 or more hours prior to the press deadline, the Producer shall pay to the
Actor a sum equal to one-eighth of the Actor's contractual salary.
(E) Program and Souvenir Program.
(1) Cast List. A cast list must be offered free of charge to every patron who
enters the theatre at all performances. Such cast list must contain the names
of all Actors on Equity contract and their role or function. The Stage Manager
shall be billed on the first page on which there is a complete cast listing or on
the title page.
(2) Biographies. All Actors, (including Stage Managers, Understudies, and
Swings) shall have a biography in the program and souvenir program. In the
case of Understudies and Swings, the biography will appear in the next
printing of the program after the print deadline following the first date of
employment. The biography will contain professional credits and biographical
data. The Actor shall have the right of approval of biographical material which
approval shall be in writing and not unreasonably withheld. Such approval
shall include an indication of the preferred cuts in the event that limitations of
space require editing. Should the Actor fail to indicate such preferred cuts the
Producer shall be free to edit at the Producer's discretion. Biographical
material not disapproved within 24 hours of its submission to the Actor shall
be considered approved. Replacement actors engaged for one week or more
shall have biographical material inserted in the program if the Actor replaced
14
was a performing Principal Actor, Stage Manager, or a performing Chorus.
(See Rule 10(A)(3).)
(3) Omissions or Errors. In the event that there are errors or omissions in the
printed cast listing in the program, the Producer agrees that upon receipt of
written notice of an omission or error in such cast listing, the Producer will,
within 24 hours (including at least one business day), place in the program a
printed slip correcting the omission or error, and will also correct the omission
or error in the next printing of the program, provided such notice is given at
least 24 hours prior to the press deadline. Souvenir programs shall be
corrected at the next printing.
(4) Penalty. For each failure either to place a correction slip in the program
as stipulated above, or to correct the program cast listing at the next printing,
after proper notice, the Producer shall pay the Actor involved, a sum equal to
one-eighth of the Actor's contractual salary for each week or part thereof
during which the omission or error continues. (See also Rule 70, UNION
EMBLEM.)
6. BINDING EFFECT OF AGREEMENT.
All contracts of employment signed pursuant to this Agreement are binding not only
upon the signers on the face thereof, but upon any and all corporations, copartnerships, enterprises and/or groups which said signers or each of them directs,
controls or is interested in, and are hereby agreed to be adopted as their contract by
each of them.
7. BLACKLISTING.
The League, the Producer and Equity all pledge themselves to prevent blacklisting in
the theatre. Opposition to blacklisting is not a controversial issue between the Producer
and Equity.
(A) Blacklisting for the purposes of this Rule shall mean the submission by the
Producer, directly or indirectly, to individual or group pressure, and/or the use of
private lists, published or unpublished, of persons not to be employed in
theatrical productions for reasons having no direct relation to their theatrical
ability.
(B) To that end, Equity and the League shall jointly investigate and deal with all
complaints of blacklisting in the theatre, and take any and all lawful means to
correct, remedy, and actively resist each and every instance of blacklisting, as
and when it arises.
8. BREACHES BY PRODUCERS.
(A) In addition to any other remedies available herein, each Actor affected herein
shall receive up to two weeks’ salary as liquidated damages, no present basis of
calculation existing, should the Producer:
(1) Breach an individual contract of employment, or any part thereof;
15
(2) Breach or fail to abide by or conform to any rule which is a part of the
employment contract of any Actor;
(3) Make any false statement in connection with any employment agreement
or regarding security;
(4) Employ or have employed any Actor under any form of contract other than
a Standard Form;
(5) Be in default as to any employment contract with any Actor, or breach any
such employment contract, past or present;
(6) In the future, breach any such employment contract;
(7) Fail to give or deposit security at the time and in the form and amount
required by Equity;
(8) Otherwise breach or fail to live up to any contract of employment or Equity
Rule.
(B) Should any situation arise where, because of the act of the Producer, or
Producer’s fault or default, the Actor is released from Actor’s obligation to work,
then in any of said events, the Actor may, Equity consenting, forthwith terminate
Actor’s employment and is released from any obligation to render services to the
Producer. In addition thereto, the Producer agrees that Producer shall pay the
Actor forthwith, in full, for all services rendered, plus any other sums to which
the Actor may be entitled by contract or by Equity Rules and also, as liquidated
damages, no present basis of calculation existing, up to two weeks’ salary for
Actors signed to Standard Minimum Contracts and for Actors signed to Term
Contracts, a sum equal to the Actor’s salary multiplied by the number of weeks
remaining under Actor’s guarantee of employment, or by the number of weeks
during which the production for which the Actor has been engaged runs during
the season, calculated from the date when the Actor ceased to be employed,
whichever period shall be longer. Against said sums, no offset shall be allowed
the Producer for earnings of the Actor in a new or subsequent engagement.
These provisions shall apply to each season contracted for.
(C) Disputes as to the applicability of the foregoing paragraphs shall be subject
to grievance procedures and arbitration under Rule 3 and neither Equity nor the
Actor may finally determine any questions of violation or breach on the part of
the Producer, except as to violations of Rule 8(A)(4) and 8(A)(7). In the event of
the Producer’s breach of Rule 8(A)(4) or 8(A)(7), Equity may intervene, without
penalty to itself and require the Actor to perform or rehearse or not perform or
rehearse under such terms and conditions as Equity may consider just and
equitable.
9. CALLBOARD.
A callboard shall be maintained back stage at each Off-Broadway Theatre on which
information important to the cast shall be posted. This information shall include any
notices, correspondences or letter(s) of information sent by Equity to the Company;
16
Worker's Compensation Carrier and Carrier Number; members of the Producer’s Staff
whom the Actors can contact in case of emergency; information regarding fire exits and
fire-fighting equipment and proper procedures in case of fire; addresses of hospitals in
the area; information as to safe keeping of Actors' valuables by the Producer; and
brush-up rehearsal calls after opening. All other calls shall be given to the Actors by the
Stage Manager.
10. CHANGES IN CAST: DUTY OF PRODUCER TO ANNOUNCE.
(A) All changes in cast (except as provided below) shall be announced as
follows:
(1) The announcement of the change in cast shall be posted conspicuously,
prominently, and in an unobstructed manner at the entrance to the theatre at
the place where tickets of admission are collected. Such announcement shall
be at least eight by ten inches in size with the name of the part and the Actor
in letters of at least one inch. Such announcement shall be posted only if
Producer is aware of cast change prior to half-hour, and need list only the
character and name of the Understudy or replacement Actor.
AND EITHER
(2) Announcement of the change in cast shall be made from the stage or over
the public address system at the rise of the curtain,
OR
(3) Such announcement shall be made in all programs by the insertion of a
printed slip. If the replacement Actor does not have a bio in the program, a
bio shall be included in the insert. (See Rule 5(E)(2).)
(B) In the event of a Stage Manager replacement (with the exception of an
emergency replacement) the change will be posted in accordance with
(A)(1)above.
(C) If an Actor terminates the Actor's employment in accordance with Rule 39 or
67, or if the Actor is absent in accordance with Rule 39, the cast change shall be
announced by means of (A)(1) and (A)(3) above.
(D) If an Actor is absent for any other reason for more than one day, a printed
slip, as provided in (A)(3) above, must be inserted in the program on the day
following one business day after the change occurs. However, on the day an
Actor actually returns to the cast, or on the day the Actor is scheduled to return,
announcement of the change may be made by means of (A)(2) or (A)(3) and
(A)(1).
(E) For each failure to give the notice of substitution required by this Rule, the
Producer agrees to pay the Actor whose part is played by an understudy or
another Actor, and also such understudy or other Actor, a sum equal to one-half
of the Actor's own contractual salary in addition to Actor's contractual salary.
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11. CHORUS: ADDITIONAL COMPENSATION PROVISIONS.
(A) Playing a Part. If a member of the Chorus is required to play a part, speak
lines, sing a song, or perform a dance that is individual in character, that Chorus
person shall be paid no less than $10.00 a week in addition to the Chorus
person's weekly contractual salary for each such part.
(B) Understudy to Chorus Playing a Part. If a Chorus Actor understudies a part
or specialty, as defined in (A) above, performed by another member of the
Chorus, the Chorus person shall be paid no less than $7.50 per week in addition
to the Chorus person's contractual salary for each member of the Chorus so
understudied.
(C) Swing. In a production with Chorus:
(1) A full swing shall be employed and signed to a Chorus contract if seven or
more Chorus are employed in the production. Said swing shall be employed
as of the first paid public performance.
(2) If there are six or fewer Chorus in a production, then the following shall
apply:
A member of the Chorus shall be designated to swing one or more numbers
in the production and shall receive no less than $7.50 per week in addition
to the Chorus person's weekly contractual salary for each assignment;
OR
A full Swing shall be employed and signed to an appropriate Chorus
contract and paid not less than $7.00 per week above minimum salary in
addition to all other increments required by this Agreement.
12. CLAIMS.
(A) Waiver or Release Not Permissible. Upon any claim of the Actor arising
under the Actor's agreement through any breach thereof, no receipt, waiver,
release or adjustment by the Actor is of any validity whatsoever, unless Equity
consents in writing and the Producer, by agreeing to this rule, agrees not to
seek or solicit any such waiver, release, or settlement, nor offer the same in any
arbitration or any proceeding in court unless Equity specifically consents in
writing. In no case shall claims of Actors under employment contracts be
handled or enforced by agents or attorneys of said Actors unless same are
consented to by Equity in writing.
(B) Time Limit in Filing Claim. Should the Actor deem that the Actor has any
claim against the Producer under the Actor's contract, the Actor shall present
the same to Equity or to the Producer within four weeks after the time when
such claim shall have risen unless the Actor shall give to Equity and to the
Board of Arbitration or to either of them a good and sufficient reason for any
delay after such period of four weeks.
(C) Interest. See Rule 3(B)(6).
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13. CLOTHES AND MAKE-UP.
(A) The Actor may not be required to use the Actor's personal wardrobe in the
production. The Producer shall provide to all Actors performing a Principal or
Chorus role all hats, costumes (period or modern), wigs, beards, hair pieces,
footwear, including properly fitted shoes (which if modern and conventional shall
be new), tights, hose and stockings except modern conventional
undergarments. In no event shall a Producer require the Actor to purchase any
clothes for the production.
(B) Rentals. No Actor shall rent or lend any wardrobe to a Producer for use in
any production until the terms of the rental, based on the schedule below, are
stated in a rider to the Actor's contract of employment. The agreed upon
payment shall be paid weekly to the Actor with the Actor's salary and by
separate check. These payments shall not be subject to dues or pension.
(1) The following shall be the minimum weekly rental fee when an Actor
agrees to furnish the Actor's own clothing for a production:
BLOUSE................................................................ $2.00
DANCE SHOES (Professional Jazz Shoes, Character Shoes, Tap Shoes,
Pointe Shoes, Dance Boots, etc.).......................... $6.00
DRESS .................................................................. $5.00
ENSEMBLE (Shirt, Tie, Suit,
Shoes, Hat, etc.).................................................. $30.00
EVENING CLOTHES (Tuxedo, Gown,
Furs and all Accessories) .................................... $25.00
HAT ....................................................................... $2.00
JEANS................................................................... $2.00
SHIRT.................................................................... $2.50
SHOES.................................................................. $4.00
SHORTS ............................................................... $2.00
SKIRT.................................................................... $5.00
SLACKS ................................................................ $5.00
SNEAKERS........................................................... $2.00
SUIT .................................................................... $20.00
SUIT JACKET ....................................................... $7.00
SWEATER............................................................. $3.00
TIE........................................................................... $.50
TIGHTS, HOSE, STOCKINGS .............................. $1.50
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TOPCOAT, OVERCOAT OR RAINCOAT ............. $7.00
WIGS AND HAIRPIECES...................................... $6.00
(2) With respect to garments and props not appearing on this schedule, the
rental or loan will be negotiated to the mutual agreement of the Actor and the
Producer. The item shall remain the property of the Actor but will remain in
the theatre for the rental period.
(3) The Producer shall negotiate with the Actor a weekly instrument rental
rate when the Actor agrees to use his own musical instrument for a
production. The rate agreed upon shall be stated in a rider to the Actor’s
contract. Compensation shall commence with the first use, including use in
rehearsal.
(4) When the Actor is provided the costume(s), prop(s) or musical
instrument(s) by the Producer and the Actor elects, with the consent of the
Producer, to use the Actor’s own item then, in this event, the Producer shall
not pay any rental fee.
(5) Should the Producer rent a garment or prop from an Actor, the Producer
may, at any time, choose to provide a like item to the Actor and cease the
rental.
(C) Shoes and Dancing Shoes.
(1) The Producer shall provide properly fitted professional dance shoes for all
members of the company who are required to dance. Dance shoes may
represent the period of a production or nature of a specific character (e.g.
sneakers in WEST SIDE STORY, athletic shoes in DAMN YANKEES, pointe
shoes in NUNSENSE) which must conform to the appropriate style of
movement. All footwear shall be of suitable construction for dancing when
used for Theatre Dance Movement. Professional dance shoes are not
required for normal ballroom dancing or where there are minimally
choreographed movements. The Producer shall provide professional dance
shoes at least one week prior to dress rehearsal. During rehearsal, the
Producer shall furnish at least one pair of pointe shoes for each performing
Principal or Chorus called upon to dance in pointe shoes.
(2) Absent extraordinary circumstances, the Producer shall provide all other
shoes for the production prior to the first dress rehearsal. In any event, all
shoes shall be provided by the first dress rehearsal.
(3) All footwear shall be clean, sanitary, properly fitted, and in good repair.
No Actor shall be required to perform in shoes which are unsafe, unsanitary,
or in poor repair.
(4) With reasonable notice by the Actor and at the Actor’s request, shoes for
dancing shall be rubbered and braced and shall be repaired or replaced
whenever necessary or when the Dance Captain, authorized Producer's
representative, Stage Manager and Deputy agree by majority secret ballot
vote that the shoes are either in unfit condition for the safety of the
20
performer(s) or are deemed unsafe or unsanitary. Meetings of the Committee
shall be called whenever necessary, but no less than once a month. If the
Committee votes that the shoes be replaced immediately, the order for new
shoes shall be placed no later than the next business day by telephone.
(D) Cleaning and Upkeep. All clothing worn by the Actor for use in the
Production, whether furnished by the Producer or not, shall be cleaned
whenever necessary but at least every two weeks and laundered whenever
necessary but at least twice a week. Producer shall make best efforts to have
costumes aired after each performance. Costumes shall also be repaired or
replaced whenever necessary.
(E) Make-up. The Producer shall furnish all make-up except ordinary and
conventional make-up. If the Actor is required to use body make-up, the
Producer shall furnish freshly laundered towels for the removal of such makeup. Producer shall also provide body make-up remover.
(F) Knee Pads and Protective Clothing. Prior to any activity that requires knee
and elbow pads and protective clothing, the Producer shall furnish new and
properly fitted (i.e., small, medium, or large) items for the exclusive use of the
actor for all rehearsals and performances. (See Rule 62(I).)
(G) Skin Parts. Clean and dry skin parts, except for painted unitards (which
must be dry for each performance), shall be furnished for every performance.
Skin parts include but are not limited to: socks, stockings, pantyhose, tights,
body stockings, underwear, t-shirts, bras, jockstraps, dance belts, dress shields,
slips, and bathing suits. Commencing with their first public performance,
Understudies and Swings shall be provided with their own set of skin parts.
(H) Back-up Costumes.
necessary.
Back-up costumes shall be provided whenever
(I) Hairstyle and Haircolor.
(1) Change of Hair Color. The Actor may not be required to change the color
of the Actor's hair unless the Actor agrees in writing, and the Producer shall
pay for the expense of changing the color and of its upkeep during the run of
the engagement and of the restoration to the original color at the end of the
Actor's engagement.
(2) Change of Hair Style. The Actor may not be required to cut or change the
style of the Actor's hair in any way, or to shave the Actor's head unless the
Actor agrees in writing, and the Producer shall pay the original expenses and
the upkeep of said hair or hair style during the run of the Actor's engagement.
(J) Costumes for Understudies and Swings. Commencing with their first public
performance, Swings and Understudies shall be provided with their own set of
skin parts. Producer shall use best efforts to provide Swings and Understudies
with properly fitted costumes. Any costume worn by another Actor shall be
cleaned prior to its use by any Actor or Understudy/Swing and again prior to its
further use by any other Actor, including the Actor to whom it is regularly
assigned. However, if an Understudy/Swing who does not have a full set of
21
costumes is required to appear, costumes worn by said Understudy/Swing must
be cleaned not later than the first business day on which no matinee
performance occurs following the Understudy/Swing's appearance, or as soon
as possible.
(K) Facial masks, Hair-pieces and Wigs.
(1) Beards and hairpieces furnished by the Producer shall be freshly cleaned
when delivered to the Actor and cleaned thereafter whenever necessary but
at least once every three weeks. Lace on all beards, mustaches and
hairpieces will be cleaned daily.
(2) No Actor shall be required to use a facial mask, wig or hairpiece including
a facial hair piece (beard or mustache) which has been worn by
another Actor until the facial mask, hairpiece or wig has been thoroughly
cleaned and properly fitted. After cleaning, facial masks and hairpieces must
be dried and aired prior to issue to the Actor.
(3) Protective breathable liners must be inserted into facial masks whenever a
replacement or Understudy uses the facial mask of another Actor. Liners shall
be issued for the exclusive use of the replacement or Understudy.
(L) Costume Measuring. The Actor shall be available for one costume
measuring prior to the rehearsal period at a mutually convenient time, and one
two-hour costume call in addition to the regular rehearsal hours during the
rehearsal period, provided that the hours for the costume call and rehearsals
shall be consecutive. The costume call shall not invade Equity-required breaks,
except that for each Actor during the 10 out of 11 ½ hour days, there may be
one costume call of up to one hour at the theatre, consecutive to the rehearsal
call. Producer shall use best efforts to conduct costume calls at the place of
rehearsal or the Actor shall receive carfare or transportation if required to travel
to and from the costumer.
14. CONTINUOUS EMPLOYMENT.
Continuous employment is the essence of all employment contracts, and all calculations
of sums due or benefits accruing to the Actor shall be computed on the basis of
consecutive rehearsals and consecutive employment.
15. CONTRACT.
(A) Actor's Contract.
(1) The Actor's contract shall be signed on the date when the terms of the
contract are agreed upon between the parties. If not signed on said date
when issued, they must be signed as of said date.
(2) Contracts between Producer and Actor must be signed before the Actor
shall be permitted to rehearse or perform.
(3) Signing of. Unless contracts are signed concurrently, they must be signed
by the Producer first. If the contract is not signed concurrently, the Producer
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may notify the Actor or the Actor's designated representative, by personal
delivery or Certified Mail, that, unless the contract is signed and returned to
the Producer within a specified time period which shall be not less than 48
hours after receipt of the notice by the Actor, or the Actor's designated
representative, the contract is null and void.
(B) Hiring “As Cast” Obligations To Actor.
(1) If in the contract of a Principal Actor, the Actor's part(s) is not specified,
then unless Equity shall otherwise order, the Principal Actor shall only be
required to appear and perform in the part(s) in which the Actor performs on
opening night or four weeks after the first public performance, whichever
occurs first.
(2) A Principal Actor may be employed to appear and/or understudy "AS
CAST" only if said Actor is signed to a standard minimum contract.
(a) When the Principal Actor is hired to appear "AS CAST," the Producer
must specify the number of parts and at least two of those parts must be
named on the Actor's contract at the time of signing.
(b) Principal Actors hired to understudy "AS CAST" must have the number
of roles specified in the Actor's contract at the time of signing.
(c) The Principal Actor, if he/she decides not to accept an "AS CAST"
assignment prior to the first public performance, may be terminated
immediately without penalty to either party.
(3) Parts.
(a) The Principal Actor hired "AS CAST," except in revues, shall not, without
the written consent of Equity, be required to appear and perform in any part
or parts other than the part(s) the Actor appeared in, or was assigned to
understudy, on opening night or four weeks after the first public
performance, whichever occurs first. (See also Rule 69, UNDERSTUDIES.)
(b) The reassignment of understudy parts contemplated by this paragraph
shall not be applicable to a case in which the Actor and Producer have
agreed to a specific understudy part(s) in the original contract of
employment.
(4) In no event shall the Actor be required to understudy unless the Actor's
contract specifically so provides.
(C) Changes and Alterations.
(1) The Actor and/or Producer have no right or power to waive any of the
minimum conditions set forth in the employment contract or Equity Rules
without the written consent of Equity. Unless any and all riders, changes,
alterations, waivers, or substitutions made prior to, when or after a contract of
employment is made shall have been consented to by Equity in writing, such
riders, changes, alterations, waivers, or substitutions, or any part thereof, are
void at the option of the Actor, Equity consenting. It shall be the duty of the
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Producer, not the Actor, to submit proposed changes to Equity for its written
approval by a duly authorized representative.
(2) If Equity fails to notify the Producer of its disapproval of said riders,
changes, alterations, waivers or substitutions within seven business days
after receipt thereof by Equity, they shall be deemed approved. At the option
of Equity, no such riders, changes, alterations, waivers, or substitutions shall
be admitted in evidence in any arbitration or by any tribunal for the disposition
of any claim without the written consent of Equity.
(3) The Producer agrees that all blanks, including opening date, name of part,
and salary will be filled in, in writing, before signing or delivery.
(D) Contracts Covering Employment in Outside Fields. Before any person
holding a blanket employment contract covering several employment fields may
work in any Equity jurisdiction, the Producer must secure and file with Equity a
duly executed contract on a standard Equity form with such person, covering
only employment within Equity's jurisdiction, which said contract shall be
paramount to any then existing arrangement between said person and the
Producer, and must be satisfactory to Equity, and shall exclusively govern the
employment relationship of said person to said Producer while said person is
working in any field over which Equity has jurisdiction. No Actor shall be
required to work with any such person not holding such contract so procured
and filed.
(E) Executed Agreement. Within one week after entering into any employment
contract (and where the Actor is employed after rehearsals have begun, within
three days after the Actor has begun to rehearse) the Producer shall file with
Equity a signed copy thereof. Failure to do so shall constitute a breach of
contract by the Producer, and the Actor may, at any time, Equity consenting,
terminate the contract without notice, and the Producer agrees to pay the Actor
as damages for breach a sum or sums to be computed as in the case of breach
of Rule 8, BREACHES BY PRODUCERS.
(F) Attempted Breach. No Actor shall agree with a Producer, Employment
Agent, Personal Representative, or other Actor and no Producer shall agree
with any Actor, Employment Agent, or Personal Representative to cause, or
attempt to cause, or agree to permit any breach of any term of any employment
contract.
(1) Should any Actor engage in such conduct, said Actor shall be subject to
such disciplinary action as the Council of Equity may determine.
(2) Should any Producer be found by an arbitration tribunal to have engaged
in such conduct, said Producer agrees that such conduct on the Producer's
part shall be a breach of the Producer's employment agreements with Actors
entitling any such Actors to recover from the Producer, Equity consenting, a
sum equal to two weeks' salary as liquidated damages, no present basis of
calculation existing. The Producer further agrees that upon such breach, the
Producer's name may be posted on the Defaulting Producers List at Equity.
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(3) In the event of a recovery of liquidated damages by or on behalf of the
offending Actor, the same shall be paid into the Actors' Equity Foundation,
Inc.
16. CONVERSION RIGHTS TO.
(A) Production or Special Production Contract.
(1) Should the Producer, or should any management, group or enterprise,
which the Producer controls or directs produce a play under this Agreement
and subsequently produce the play under the Production Contract or Special
Production Contract as its first subsequent production, the Producer agrees to
offer any member of the Company employed on Equity contract who was
originally engaged on the Off-Broadway Contract and who actually performed
a role or function in the Off-Broadway production an opportunity to continue in
the first subsequent production only. The Producer agrees that any offer shall
be made in writing to the Actor, copy to Equity, at least two weeks prior to the
date of first rehearsal for the subsequent production. The Producer may
require the Actor to respond in writing, by hand delivery or telegram or Fax,
return receipt requested, within two business days of receipt of said offer.
The cost of said telegram or Fax shall be reimbursed by the Producer. The
Producer agrees to reimburse any member of the Company employed on
Equity contract not offered the Actor's same role or function three weeks'
applicable Production or Special Production minimum for the Actor's category
or three weeks' contractual salary, whichever is greater. (See paragraph (4)
below for exceptions.)
(2) However, if any member of the Company on Equity contract who originally
performed the role or function has been out of the production for a period of
two months or more prior to the time the play is subsequently produced under
the Production Contract or Special Production Contract, the Producer may as
an alternative, offer the role or function to any past or present member of the
Company on Equity contract who has performed the same role or function for
two months or longer.
(3) In the event the first subsequent production of the play is produced under
the Production Contract or Special Production Contract, and the Producer
does not control or direct the production of the play but in which Producer has
a financial interest, the Producer agrees that any financial remuneration the
Producer receives from the transfer to that first subsequent production shall
be used on a 50/50 basis (Producer/Actors) to compensate the members of
the company on Equity contracts as defined in Rule 16(A)(1) or 16(A)(2) who
were not offered the same roles or functions, a maximum of three weeks'
applicable Production or Special Production minimum for their category or
three weeks' contractual salary, whichever is greater. In the event the
Producer's financial remuneration is insufficient to fully compensate the
members of the Company on Equity contracts hereunder, payments herein
above must be made on a pari passu basis to all those entitled to such
payment.
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(4) Stage Managers and Assistant Stage Managers shall be due conversion
rights payments as follows:
(a) In the event there is a transfer to a Production or Special Production
Contract and Equity determines that the Stage Manager fails to meet the
requirements set forth in Rule 68(J) of the Agreement and Rules Governing
Employment Under the Production Contract, Producer will compensate the
Stage Manager three weeks' First Assistant Stage Manager's applicable
Production or Special Production Contract minimum, or three weeks'
contractual salary, whichever is greater.
(b) Producer, at his option, may offer the Stage Manager who does not
meet the requirements set forth in Rule 68(J) of the Production Contract a
position as Assistant Stage Manager under the Production or Special
Production Contract. If the Stage Manager accepts this offer, Producer will
have completely satisfied the obligations to the Stage Manager with respect
to this Rule 16. If the Stage Manager declines the Producer's offer of a
position as Assistant Stage Manager hereunder, the Producer will have no
liability with respect to this rule.
(c) In the event the Producer declines to engage the Stage Manager who
meets the requirements set forth in Rule 68(J) of the Production Contract,
the Producer will compensate the Stage Manager three weeks' Stage
Manager's applicable Production or Special Production Contract minimum
or three weeks' contractual salary, whichever is greater.
(d) In the event the Producer declines to engage the Assistant Stage
Manager, Producer will compensate the Assistant Stage Manager three
weeks' Assistant Stage Manager's applicable Production Contract or
Special Production Contract minimum or three weeks' contractual salary,
whichever is greater.
(5) The above will pertain for a period of 18 months following the close of the
Off-Broadway production.
(B) Off-Broadway Production.
(1) Should a Code production subsequently be produced under this contract
as its first Equity contracted production, within nine months from the date of
the Code's last performance, or should a Code production be optioned within
nine months from the date of the Code's last performance and be produced
as its first Equity contracted production during the option period or any
extension thereof, all Actors who performed a function in the Code production
shall receive a bona fide offer to perform the same role or function in the OffBroadway Production or three weeks' minimum salary at the applicable
category level as defined in Rule 58, SALARIES, in lieu thereof. The
Producer agrees that any offer shall be made in writing to the Actor, copy to
Equity, at least two weeks prior to the date of first rehearsal for the OffBroadway production. Producer may require Actor to respond in writing, by
hand delivery, telegram or Fax, return receipt requested, cost of said telegram
26
or Fax to be reimbursed by Producer, within two business days of receipt of
said offer.
(2) Should a New York City Letter of Agreement (NYCLOA), Mini Contract,
Association of Non-Profit Theatre Companies (ANTC) or Transition
Agreement production subsequently be produced under this contract as its
first subsequent Equity contracted production, within six months from the date
of such production’s last performance or should such a production be
optioned within six months from the date of its last performance and be
produced as its first subsequent Equity contracted production during the
option period or any extension thereof, all Actors employed on an Equity
Contract who performed a function in the NYCLOA, Mini, ANTC or Transition
Agreement production shall receive a bona fide offer to perform the same role
or function in the Off-Broadway Production or three weeks' minimum salary at
the applicable category level as defined in Rule 58, SALARIES, in lieu
thereof. The Producer agrees that any offer shall be made in writing to the
Actor, copy to Equity, and that best efforts shall be made to proffer said offer
at least four weeks (but in no case less than two weeks) prior to the date of
first rehearsal for the Off-Broadway production. Producer may require Actor
to respond in writing by hand delivery, telegram or Fax, return receipt
requested, cost of said telegram or Fax to be reimbursed by Producer, within
two business days of receipt of said offer.
(3) If the Off-Broadway Producer does not receive written notice within 14
days of the time of the Producer's written request, but in no event later than
the time of bonding, that the production was produced under an Equity code,
then the Producer shall not be liable under this section.
(4) When more than one Actor has performed the identical function or role in
the Code, NYCLOA, Mini, ANTC or Transition Agreement production, they
shall share in any conversion payments due on a pro rata basis based on the
number or weeks rehearsed and/or performed in the previous production.
(5) Producer and Director shall have the right to require an audition and/or
interview from any Actor whom the Producer/Director has not previously seen
in the Actor's applicable Code, NYCLOA, Mini Contract, ANTC or Transition
Agreement function. Producer will make reasonable accommodation for an
Actor who is unavailable due to scheduling conflicts. If an Actor refuses to
audition or be interviewed under these circumstances, the Producer shall not
be obligated to extend an offer of employment or conversion monies to said
Actor. Producer agrees to reimburse Actor for all travel and other reasonable
expenses incurred, if any, in connection with said audition/interview. In the
event the Actor auditions and is not hired, all conversion monies due in
accordance with this Rule 16 shall be paid.
17. CUTS: COMPANY AND INDIVIDUAL.
(A) All cuts in salary must be approved by Equity, and all discussion regarding
cuts shall be with Equity. If the Producer wishes cuts considered, the Producer
27
shall notify Equity (with a copy to the Deputy) and the Producer and Equity will
jointly arrange a meeting for the cast at Equity Offices. For the purpose of
considering cuts, Equity has established a Cuts Board, and its rules, which have
been published in the Equity Office, will govern.
(B) When the Cuts Board agrees to approve a Producer's application for a cut in
salary, such cut shall be effective beginning with the first full week following the
date on which the Producer's application was received.
18. DANCE CAPTAINS.
Where there is a choreographer engaged to work on a musical production, a Dance
Captain shall be assigned and paid from the first day of rehearsal. In a dramatic
production, if a choreographer is hired on a full SSD&C contract (i.e., not a short-term
choreographer), a Dance Captain shall be assigned and paid from the first day of
musical staging rehearsals. Musicals shall not require a Dance Captain where there is
no musical staging. The Stage Manager shall not serve as Dance Captain. The Dance
Captain shall be paid not less than 10% of minimum salary for the appropriate category
in addition to the Dance Captain’s weekly contractual salary, except that in a musical
with a performing cast of more than ten, payment shall be no less than 18% of the
appropriate category minimum in addition to the Dance Captain’s weekly contractual
salary. The Dance Captain shall be credited on the cast list page of the playbill or
program. After the official opening, rehearsal hours for the Dance Captain shall be
limited to 12 hours per week without additional compensation (see Rule 52(E)(1)).
19. DEFAULTING EMPLOYERS.
(A) A Producer shall be ineligible to engage any Actor unless and until said
Producer shall have furnished security in such amount and in such manner and
form as may be satisfactory to Equity to insure the payment of the claims of any
Actor against said Producer.
(B) Any Producer engaging any Actor represents that said Producer is not in
default under any agreement with Equity at the time of such engagement, and
that no contract has been entered into between said Producer and Equity or any
Actor, any breach of which remains unsettled or unliquidated.
(C) No Actor shall work or be required by any Producer, without the consent of
Equity, to work for any person, partnership, corporation, enterprise, or group
which has violated or is violating any agreement with Equity or any of its
members; or which has failed to abide by any arbitration award, or where,
permitted herein, any final determination of Equity; or which, through failure to
meet past obligations to Equity or its members, has been placed on Equity's
Defaulting Employers List; nor shall any Actor work for or be employed by
anyone who is or has been connected, either as an individual proprietor, general
partner, associate producer, corporate director, officer, active stockholder or
otherwise with any defaulting Producer so specified, without the consent of
Equity.
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(D) No Actor shall work or be required to work or continue in employment of any
Producer or company, if and when Equity shall be dissatisfied with the quality or
amount of any security which may be offered or given or requested by Equity to
secure the payment of any claim, present or future, of any Actor.
20. DEFINITIONS.
(A) Actor. The term "Actor" shall refer to and include all persons who are
employed on Equity contract.
(1) Principal Actor. The term "Principal Actor" shall include all Actors hired on
Equity contracts other than those Actors engaged on Chorus contracts and/or
engaged to perform Chorus work.
(2) Chorus. The term "Chorus," "Chorus member," "member of the Chorus”,
"Actor engaged under a Chorus contract" and "Chorus performer" shall
include Actors engaged under Chorus contracts and/or Actors actually
performing Chorus work, as may be determined by Equity.
(3) Stage Manager. The term "Stage Manager" shall refer to and include all
persons who are contracted to perform the customary duties of "Stage
Manager" and "Assistant Stage Manager."
(4) Understudy. The term "Understudy" shall include all Actors performing
understudy duties.
(a) A General Understudy is a member of the company who does not
otherwise perform.
(b) A Performing Understudy is a performing member of the company who
also understudies other roles.
(B) Part. The term "part" shall mean each character, specialty, or function for
which the Actor is responsible.
(C) Role. The term "role" shall mean the sum of the parts, specialties, functions,
and assignments for which the Actor is responsible.
(D) Disability. The term "disability" shall be defined by the applicable laws.
(E) Off-Broadway Contract and Off-Broadway Area.
(1) The Off-Broadway Contract is limited to the borough of Manhattan, unless
Equity otherwise consents in writing, but may not be used in any theatre
located in an area bounded by Fifth and Ninth Avenues from 34th Street to
56th Street and by Fifth Avenue and the Hudson River from 56th Street to
72nd Street nor may it be used in any theatre having a seating capacity of
more than 499.
(2) It is agreed that the Off-Broadway contract is not applicable where the
primary intent is the development of a play or musical through the
collaborative authorship of the Playwright and/or Director, and the Actors.
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(F) Weekly or Contractual Salary.
Contractual salary shall include all
compensation received by the Actor subject to federal, state or local withholding
taxes or payments made pursuant to an authorized corporate rider.
(G) Workweek. The term workweek shall mean from and including Monday
through Sunday.
21. DEPUTIES AND MEMBERS: NOT TO BE DISCRIMINATED AGAINST.
The Producer shall not dismiss or otherwise penalize any Actor for fulfilling the Actor's
duties or obligations as a Deputy or an Equity member.
(A) In the event the employment of a Deputy is terminated for any reason
whatsoever, the Producer agrees to furnish written reasons for such termination
to both the Deputy and Equity at the time of dismissal.
(B) Any Equity Deputy or member who claims that the Producer has given
him/her notice or otherwise penalized said Deputy or member for fulfilling his/her
duties either as a Deputy or as an Equity member may present his/her case to
Equity who shall give the Producer an opportunity to be heard if the Producer
desires to avail him/herself of this opportunity. If Equity is satisfied that such
activities are the real cause of dismissal or of any penalty, it may permit the
Actor's claim to be arbitrated and shall have the power to determine the
character and the amount of the claim to be submitted.
(C) It is further agreed that, if upon arbitration the claim of the Deputy or member
is sustained, the arbitrator shall have the right to impose a penalty, which
penalty shall be at the discretion of the arbitrator, but shall not exceed the sum
of five weeks' salary. If the Deputy's or member's claim is sustained, said
Deputy or member shall also be reinstated with back pay from date of dismissal
to date of reinstatement.
22. DEPUTIES AND REPRESENTATIVES.
(A) Deputies of Equity shall be required in each company. Whenever a Chorus
is employed, there shall be Deputies for Chorus singers and Chorus dancers, in
addition to a Deputy for Principal Actors. Deputies shall have the duty and
obligation to report non-compliance with the Rules Governing Employment OffBroadway.
(B) Duly authorized representatives of Equity shall have free access to the stage
and to all members of Equity at all times, inclusive of rehearsals and
performances. Sufficient time shall be set aside during the beginning of the
rehearsal period for an Equity Representative to conduct Equity business.
Other than the half-hour defined in Rule 52(H)(7) such time shall not be
considered part of the official rehearsal hours.
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23. DISCRIMINATION.
There shall be no discrimination against any Actor or applicant for any part or position.
(See Rule 26, EQUAL EMPLOYMENT OPPORTUNITY - NON-TRADITIONAL
CASTING - NONDISCRIMINATION.)
24. DUES AND INITIATION FEES.
The Producer agrees to deduct from the Actor's salary and remit to Equity, union dues,
plus initiation fees, and assessments provided that the Producer receives timely notice
from Equity, with proper authorization, agreed to and signed by the Actor.
25. DUTIES OF THE ACTOR.
The Actor agrees to:
(A) Be prompt at rehearsals;
(B) Appear at the theatre no later than one-half hour prior to the performance;
(C) Pay strict regard to make-up and dress;
(D) Perform the Actor's services as reasonably directed, to the best of the Actor's
ability, and to conform to the language of the script.
(E) Properly care for the Actor's costume and props;
(F) Respect the physical property of the production and the theatre; and
(G) Abide by all reasonable rules and regulations of the Producer not in conflict
with Equity Rules. (See Rule 54(C), Inability to Perform.)
26. EQUAL EMPLOYMENT OPPORTUNITY - NON-TRADITIONAL CASTING NONDISCRIMINATION.
Equity acknowledges that the League of Off-Broadway Theatres and Producers has
been exemplary in its Equal Employment Opportunity hiring practices. Consistent with
the foregoing and with the procedure set forth in Rule 4, AUDITIONS, it is the intention
of the parties that the auditions/ interviews will be conducted in a manner that continues
to promote fair consideration to ethnic minorities, women, seniors and Actors with
disabilities (consistent with the Americans with Disabilities Act and the rules set forth
herein.)
(A) Nondiscrimination.
(1) The Parties hereto reaffirm their commitment to a policy of
nondiscrimination with respect to equal employment opportunity hereunder on
the basis of sex, race, color, creed, national origin, age, disability, sexual
orientation, political persuasion or belief. There shall be no discrimination
against any Actor seeking employment.
(2) The cast shall not be required to perform in any theatre, public or private
institution, or other place of performance, where discrimination in any form is
31
permitted or practiced because of sex, race, color, creed, national origin, age,
disability, sexual orientation, political persuasion or belief.
(3) Actor and Producer shall treat all members of the Company, including and
without exception all members of the Production Company employed by
Producer and all Staff employed by the Theatre, with tolerance towards and
without prejudice to any person(s) because of sex, race, color, creed, national
origin, age, disability, sexual orientation or political persuasion or belief.
(B) Non-Traditional Casting.
(1) It is the desire of the parties that employment for Actors shall continue to
reflect a multi-racial society that also includes Actors with disabilities. Toward
that end, Actors' Equity Association and the League of Off-Broadway
Theatres and Producers will continue to encourage to the best of their abilities
a flexible and imaginative casting policy which is called non-traditional
casting.
(2) Non-traditional casting is for the purpose of increasing employment for
ethnic minorities, (African-American, Hispanic-American, Asian-American and
Native American), women, seniors and Actors with disabilities and is for the
casting of the aforementioned Actors in roles where race, age, ethnicity,
gender or the presence or absence of a disability is not absolutely essential to
the play or the character's development.
(3) It is also the intention of the parties that in furtherance of this policy, with
due regard for the requirements of and suitability for employment, and with
the understanding that there can be no interference with the contractual rights
or artistic discretion of the Playwright, Director or Choreographer, the
Producer shall endeavor to engage ethnic minorities, women, seniors and
Actors with disabilities.
(C) Records. The Producer will maintain for each production records of ethnic
minorities, women and Actors with disabilities, and will make best efforts to
maintain records on senior Actors auditioned, interviewed, hired and/or replaced
and will forward such records to Equity within four weeks of the first public
performance and thereafter on a quarterly basis. Equity will provide the
applicable form.
(D) Meetings. Equity will sponsor an annual Networking Event for Actors of color
and Actors with disabilities specifically for the Off-Broadway arena. Each OffBroadway Institutional Theatre and each commercial producing office shall
make every effort to send to the event a representative who can effectively
recommend Actors to be auditioned for current and future casting.
(E) Notice.
(1) The Actor or applicant shall give notice to Equity of any claimed violation
of Section (A) and/or (B) above within 28 days of the time when the claim
arose, and Equity shall send written notification to the Producer and the
League within five business days thereafter. Any claim for which timely notice
is not given shall be barred unless good cause for such delay is shown.
32
(2) A claimed violation of this Rule 26, unless satisfactorily resolved between
Equity and the Producer through the Grievance procedures as outlined in
Rule 3 shall then be submitted to arbitration. In the event the arbitrator
determines that discrimination has been practiced, the arbitrator shall have
the authority to direct reinstatement or employment, as the case may be,
and/or assess such monetary damages as in the arbitrator's opinion will make
the Actor or applicant whole for such actual financial loss as the Actor or
applicant may have suffered by reason of said discrimination, but in no event
shall damages awarded exceed the minimum salary payable for the term of
the production.
27. EQUITY: SPECIAL PROVISIONS.
(A) Equity may represent the Actor in any dispute which may arise with the
Producer, and Equity may at all times, represent the Actor in relation to any
matter arising under any employment agreement, and when any act or request
or consent of any such Actor is provided for in such agreement, the request,
consent, or approval of Equity shall, for all purposes, be deemed the consent,
request, approval or act of the Actor.
(B) Meetings; Privilege of Actor to Attend. The Producer shall not require the
services of the Actor for rehearsals (except in cases where technical rehearsals
and/or dress rehearsals are being held or rehearsals on opening date) at any
time when a regularly called meeting of Equity is being held. Time off for this
purpose shall not be counted as a part of that day's rehearsal.
(C) Special Power to Act for the Actor.
(1) Whenever it is provided in any employment contract that any act or thing
may be done by an Actor at the option of or with the consent of or at the
request of Equity, or on the demand of or with the consent of such member,
Equity, representing the Actor, has and is given the authority to act for and in
place of the Actor and to assert the Actor’s position or make the Actor’s
request or demand as the case may be, with all of the power and authority of
the Actor, without liability to itself (A.E.A.).
(2) In all cases where, by virtue of any employment contract, the consent or
approval of Equity is required, the Association has and reserves full
discretionary power in giving its consent to change, modify or limit rights of
any Actor under that Actor’s contract, said action to be taken on behalf of the
Association in writing by either the President or Executive Director or the
designee or one of the executives or members of the Legal Department
especially authorized by either of said officers to act.
(D) Oral and Written Interpretations. Oral or telephone rulings made by Equity
are not binding upon the Association or, except with its consent upon its
members. Written rulings or interpretations of the employment contract or the
Agreement Governing Employment Off-Broadway must be either approved or
given by the President or Executive Director or the designee or one of the
executives or members of the Legal Department specifically authorized by either
33
of said officers to act, and shall be binding upon the Association only when said
persons act within the powers delegated to them by the Council.
(E) Council Powers. Should there be any conflict between any Rules or any
basis for more than one interpretation as to the meaning of any of them, the
Council of Equity has the right to determine the correct interpretation or resolve
the conflict, and its decision shall be binding upon Equity and its members.
(F) Determination of Classification. Equity has the sole right to determine
whether an individual is correctly classified as Principal, Chorus, Stage
Manager, or Assistant Stage Manager, and the Producer agrees that Equity's
determination shall be final.
28. ESTOPPEL.
Reasons given by Equity for requiring Actors to do any act such as withdrawing from a
cast shall not preclude Equity from giving or relying on other or different valid reasons
for its action.
29. EXCLUSIVE SERVICE OF THE ACTOR.
(A) Except as otherwise provided in the contract of employment, the Actor shall
not accept any other engagement in the legitimate and/or musical comedy field
from the date of beginning of rehearsal and until said contract is lawfully
terminated (except as provided in Rule 39, MORE REMUNERATIVE
EMPLOYMENT and Rule 67, TERMINATION) without the written consent of the
Producer. The Actor shall, however, have the right to accept other employment,
not conflicting with the fulfillment of the Actor's duties under said contract.
(B) The Actor shall recognize that it is the Actor's responsibility to perform under
said Actors' Equity contract in the legitimate theatre. If during the term of the
Actor's employment under the Actors' Equity contract, a Principal Actor receiving
star or featured billing is also employed in radio or television, the Actor shall
require as a condition of that employment where the radio or television program
is shown or heard at the same time that the Actor will also be appearing in the
legitimate production, that any advertisements, written or otherwise which
publicize the Actor's appearance on radio or television must expressly mention
that the Actor is currently appearing in the legitimate production.
30. 401(k) PLAN DEFERRAL.
The Actor shall have the option to contribute to the Equity-League 401(k) Plan. The
Producer agrees to make salary deferrals, as directed by the Actor, and remit same to
the Plan. No contributions shall be required of the Producer. The Producer further
agrees to be bound by the Agreement and Declaration of Trust establishing the EquityLeague 401(k) Plan, including all its rules and regulations and any and all amendments
and modifications thereto that may be adopted by its Trustees during the term of this
Agreement.
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31. HOSPITALIZATION AND MEDICAL INSURANCE.
(A) Theatre Categories A and B.
(1) Commencing October 24, 2005, the Producer agrees to pay to the EquityLeague Health Trust Fund the sum of $147 per week per employee covered
by this agreement for every week or part of a week that the employee is
under contract commencing with the employee's first day of employment.
(2) Commencing October 23, 2006, the weekly payment shall be $158.
(3) Commencing October 29, 2007, the weekly payment shall be $169.
(4) Commencing October 27, 2008, the weekly payment shall be $181.
(See also Paragraph (E) below, Supplemental Workers’ Compensation
Insurance.)
(B) Theatre Category C.
(1) Commencing October 24, 2005 the Producer agrees to pay the EquityLeague Health Trust Fund, for the first 12 weeks commencing with the
production's first day of rehearsal, the sum of $147 per week per employee
covered by this agreement for every week or part of a week that the
employee is under contract commencing with the employee's first day of
employment. Commencing with the 13th week of the production, the rate
shall be $159 per week. Note: Pre-production payments, where required,
shall be at the lower rate; post production payments after the 12th week shall
be at the higher rate.
(2) Commencing October 23, 2006, the weekly payment for the first 12 weeks
shall be $158. As of the 13th week, the rate shall be $173 per week.
(3) Commencing October 29, 2007 the weekly payment for the first 12 weeks
shall be $169. As of the 13th week, the rate shall be $188 per week.
(4) Commencing October 27, 2008, the weekly payment for the first 12 weeks
shall be $181. As of the 13th week, the rate shall be $203 per week.
(See also Paragraph
Compensation.)
(E)
below,
Injury
and
Supplemental
Workers
(C) Theatre Categories D and E.
(1) Commencing October 24, 2005, the Producer agrees to pay the EquityLeague Health Trust Fund the sum of $159 per week per employee covered
by this agreement for every week or part of a week that the employee is
under contract commencing with the employee's first day of employment.
(2) Commencing October 23, 2006, the weekly payment shall be $173.
(3) Commencing October 29, 2007, the weekly payment shall be $188.
(4) Commencing October 27, 2008, the weekly payment shall be $203.
(See also Paragraph (E) below, Supplemental Workers’ Compensation
Insurance.)
35
(D) The Producer further agrees to be bound by the Agreement and Declaration
of Trust establishing the aforesaid Health Trust Fund, including all its rules and
regulations and any and all amendments and modifications thereto which may
be adopted by its Trustees during the term of this Agreement.
(E) Supplemental Workers’ Compensation Insurance. The Producer agrees to
provide supplemental workers’ compensation insurance supplementing
Workers’ Compensation Disability benefits through a group policy administered
by the Equity-League Health Trust Fund at a cost not to exceed $2.00 per Actor
per week and at benefit levels not less than those existing on July 1, 2000. All
Health rates listed above are inclusive of the contribution for Supplemental
Worker’s Compensation Insurance.
(F) A week shall be defined as Monday through and including Sunday.
Payments shall be made for each workweek or part of a workweek that the
Actor is under contract. (See Rule 39(A)(3) for exception.)
32. ILLNESS AND LEAVES.
(A) During Rehearsals. When the Actor shall have absented him/herself from
rehearsal for seven days by reason of illness or injury, the Producer may
terminate the Actor's contract at the end of said seven days. Equity may, in its
discretion, upon appeal by the Producer, reduce this period.
(B) During Performances. If the Actor cannot perform on account of illness,
injury (other than an injury as specified in Rule 33, INJURY AND WORKERS’
COMPENSATION INSURANCE) or any other valid reason, then the Actor shall
not be entitled to any salary for the time during which said services shall not for
such reason or reasons be rendered. Should the foregoing condition continue
for a period of 10 calendar days or more, either party may terminate said
contract and the Producer shall pay for all services to the effective date of
termination.
(C) Sick Leave. The Actor shall be entitled to one day of sick leave during the
rehearsal period. At the end of the rehearsal period, this day converts to a
credit of one performance of sick leave if it has not been used. Actor shall
accrue sick leave at the rate of one performance for each four weeks of
employment.
(1) After Actor’s first six weeks of employment or first paid public
performance, whichever is later, Actor shall be entitled to “borrow” up to six
performances of sick leave. This entitlement expires after Actor accrues six
performances of sick leave or if there are four weeks or less remaining on
Actor’s contract. If Actor does not accrue sick leave equal to the amount
borrowed, any paid time taken but not accrued shall be repaid to Producer at
time of show closing or termination of contract.
(2) Sick leave shall be credited at the beginning of each four week period.
(3) If an Actor’s salary has been reduced as a result of illness before sick
leave has accrued, when the Actor earns sick leave the Actor will be
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reimbursed an amount equivalent to the deduction. Sick leave, however, shall
not be added to or be consecutive with the Actor's vacation without written
consent of the Producer. The Producer may require reasonable proof of
illness.
(D) Sick Pay. Upon the termination of the Actor's employment, and provided that
the Actor has been employed for at least 40 working weeks within a year, the
amount of accumulated sick leave, up to eight performances per year of
employment, shall be paid to the Actor on the basis of the applicable minimum
salary from the date of first employment. Should the production run more than
one year, upon the anniversary of the Actor’s start of employment each year,
any remaining unused sick leave, up to eight performances, will be paid out to
the Actor at the current applicable minimum salary rate. Any additional unused
sick leave shall carry over into subsequent years. Any accumulated sick leave
not paid out due to a break in employment shall carry over in subsequent
employment in the same production provided that the subsequent employment
begins no later than 52 weeks after the end of the previous employment period.
Days carried over from previous employment periods shall not be eligible for
payout in subsequent employment periods.
(E) Disability and Parental Leave.
(1) Disability. Any Actor who becomes disabled during the course of Actor’s
employment in the production shall be eligible for Disability Leave in
accordance with the following provisions:
(a) An Actor on a Term contract will be eligible to request a leave under this
provision only if at least nine weeks remain on the Actor’s contract on the
first day of Disability Leave. If the Actor is eligible and elects to take such
leave, the Actor will complete the remaining term of the contract upon the
Actor’s return to the production.
(b) An Actor who is unable to work may request an unpaid leave of absence
for a period of up to 12 months.
(c) Such request must be supported by an acceptable medical certificate
indicating the time necessary for the leave.
(d) Actors are eligible to request only one such leave for any single medical
condition within any collective bargaining period. However, if a work-related
injury is at issue, Actor shall be eligible for one extension of the leave
and/or one additional leave if the Actor returns to work prematurely or the
same work-related injury recurs. Producer may, in its discretion, limit total
leave(s) for a single work-related injury to a 12 month period, measured
from the first day of the first leave.
(e) Producer shall use best efforts to insure that the duration of the disability
leave relates to the nature of the disability. However, in order to
accommodate the needs of the production, the Producer may require that
the leave be at least three months in length.
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(2) Parental Leave. An Actor shall be entitled to an unpaid parental leave of
absence under this Rule for a period of up to 3 months following the birth or
adoption of a child. This provision will not be effective until 6 months after the
first date of employment of the Actor.
(3) Actors on approved leave must notify the Producer at least one month
prior to the expiration of the leave of their intention to return to work as
scheduled or to resign.
(4) When a disability or parental leave is requested, Equity will advise the
Actor about sick leave benefits, health benefits, medical coverage and, if
applicable, the procedures for direct payment.
(5) Prior to an Actor’s return from a leave, Actor will be required to establish
that Actor is able to meet the artistic and physical requirements of the
production. In addition, at Producer’s option, Actor may be required to submit
to an appropriate examination by Producer’s medical representative at
Producer’s expense. Actor at Actor’s option may seek a second opinion at
Actor’s expense.
(6) Actor’s salary on Actor’s return to the production will be the same as when
the leave began, plus any increases required by the Rules Governing
Employment Off-Broadway.
(7) Temporary replacement Actors may be hired under “Replacement
Contracts” for periods up to the full term of the leave. The replacement Actor
may be employed for the designated term on a Standard Minimum or Term
contract. Under no circumstances will the Producer be required to employ
both Actors simultaneously. Such replacements will not be eligible for
disability leave under the terms of this provision.
(8) During the term of disability or parental leave, the Actor shall not be
entitled to any salary for the time during which services are not rendered.
Upon Actor’s return to the production, Actor shall give no more than three
days of free rehearsals.
(F) Unpaid Absence Only for Compelling Circumstances or Emergency. Where
there is an Understudy on contract and ready to perform, an Actor shall be
entitled to take up to three days of unpaid absence in each year of employment
for compelling circumstances or emergency. For purposes of this rule, a
compelling circumstance or emergency shall be expressly limited to either a
wedding, graduation or medical emergency and must involve a member of the
Actor’s immediate family (including grandparents, in-laws, domestic partners
and spousal equivalents). Such absence is subject to the following:
(1) Actor will give one week’s written notice when possible.
(2) Producer may limit the number of Actors out at any one time for Unpaid
Absence but may not limit it to fewer than one Actor per performance.
(3) Such absence may not be taken during the week between Christmas and
New Year’s except in extraordinary circumstances.
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(4) Such Unpaid Absence may not be used by Actor to accept other work or
to attend an audition.
(5) Producer may require Actor to explain the compelling circumstance or
emergency.
(6) Any Unpaid Absence for a non-compelling circumstance may be granted
at the Producer’s sole discretion.
(G) Bereavement Leave. Actors shall be entitled to take up to three days of paid
leave in each employment year to attend the funeral(s) of a member of Actor’s
immediate family (including grandparents, in-laws, domestic partners and
spousal equivalents). Actors earning a weekly salary in excess of two and a half
times the applicable Off-Broadway minimum salary shall be paid one-eighth of
two and a half times the applicable Off-Broadway minimum salary for each
performance missed under this rule.
(H) In the case of an Actor taking leave under this Rule 32, a replacement Actor
who has performed or understudied the role or function within the past year may
be employed for up to four performances in a workweek at a salary of no less
than one-half the appropriate weekly minimum plus the payment of a week’s
health contribution, or for 5 or more performances in a week at a salary of no
less than the appropriate one-week minimum plus payment of a week’s health
contribution. Actor and Producer shall sign a rider stating that employment is
under the provisions of this rule and outlining terms.
33. INJURY & WORKERS’ COMPENSATION INSURANCE.
(A) Worker's Compensation. The Producer must obtain and maintain Worker's
Compensation insurance coverage for all Actors, Stage Managers, and
Assistant Stage Managers in the Producer's employ in accordance with the
requirements of the law. Failure to obtain Worker's Compensation shall make
the Producer individually liable. This obligation shall survive the termination of
the Actor's individual contract of employment.
(B) Extraordinary Risk.
(1) "Extraordinary Risks" are defined as, but not limited to performing
acrobatic feats; suspension from trapezes or wires or like contrivances; the
use of or exposure to weapons, fire or pyrotechnic devices; or the taking of
dangerous leaps, falls, throws, catches, knee drops, or slides.
(2) Such definition shall also include set construction which is inherently
dangerous.
(3) An Actor shall also be deemed to be engaging in Extraordinary Risks if the
staging or choreography requires the Actor to execute movements which
depart from the accepted techniques of movement and support as used in
contemporary theatre dance, i.e., classical ballet, modern, modern jazz,
ethnic, tap and soft shoe.
39
(4) Equity shall have the sole right to determine what constitutes
Extraordinary Risk as defined herein, and may in its discretion order that such
Risk be removed from the production. Equity's decision shall in no way
reduce the Actor's right to proper insurance coverage under the provisions of
this Rule.
(C) The Producer agrees that the Stage Manager may forward to Equity (copy to
the Producer) a weekly injury/illness report on a form supplied by Equity.
34. INTIMIDATION
(A) An Actor shall not be compelled to participate in encounter groups or
sensitivity sessions which the Actor deems dangerous to Actor’s mental health
or an infringement upon Actor’s mental or physical privacy.
(B) If an Actor makes claim in writing to Equity within seven days that the Actor
was intimidated into terminating his contract by being compelled to participate in
such encounter group or sensitivity session, Equity shall promptly notify the
Producer. If such intimidation is acknowledged or established, the Actor shall
be reinstated and shall be made whole for any loss.
(C) Neither the Producer, nor any personnel under the Producer’s control, shall
intentionally intimidate, harass or humiliate any Actor at any time, including, but
not limited to, all communications to Actors in connection with artistic notes.
However, it is understood that there is no intent to interfere with the original
Director’s or original Choreographer’s ability to critique Actors in connection with
artistic notes.
35. JUVENILE ACTORS.
The following special provisions shall apply to Actors aged under 18 years at the time of
signing:
(A) The employment of juveniles shall be subject to the provisions of the New
York State Child Performer Education and Trust Act.
(B) Producer shall provide a responsible person to supervise Juvenile Actors
during the rehearsal period and, after the first public performance, from the halfhour call until Juvenile Actor(s) is called for by a responsible parent or guardian
after curtain down.
(C) If tutoring is required, when the Juvenile Actor(s) are rehearsing and/or
performing on “10 out of 11 ½ “ hour day, all such required tutoring must be held
during the permitted rehearsal hours.
(D) Dressing Rooms. Producer shall use best efforts to provide separate
dressing rooms for male and female Juveniles which shall be separate from the
adult dressing rooms.
(E) The foregoing shall apply until the Juvenile Actor reaches the age of 18.
(F) During the rehearsal period (including technical rehearsals) the Juvenile
Actor(s) under age 16 shall be dismissed no later than 11:00 p.m.
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36. LAY-OFF:
YEAR).
CHRISTMAS AND HOLY WEEKS (EASTER AND JEWISH NEW
(A) Provided the Producer shall have given the Actor two consecutive weeks of
employment prior thereto, and gives to the Actor two consecutive weeks'
employment subsequent thereto, and further provided that the show reopens
after lay-off in the same theatre, the Producer shall have the right to lay-off the
Producer's Company during these Holy Weeks and/or for no more than seven
consecutive days during the 14 day period prior to Christmas Day. There shall
be no less than seven days notice of a scheduled lay-off.
(B) Should such lay-off take place, the Producer shall not during said period be
entitled to the services of the Company, except for a run-through rehearsal on
the day of re-opening. Equity may allow additional rehearsals in case of change
in cast or illness of the star or prominent member of the company.
37. LAWS GOVERNING.
(A) All contracts of employment shall be subject to, be construed by and all the
rights of the parties thereto shall be determined by the laws of the State of New
York except as otherwise may be provided. If there are any valid provisions of
law applicable to a contract of employment which are in conflict herewith, the
provisions of the contract which conflict therewith shall be deemed modified in
conformity with the provisions of such applicable laws.
(B) If any provision of this Agreement shall be held invalid or unlawful by any
tribunal of competent jurisdiction, the remaining provisions shall not be affected
thereby, but shall remain severally valid, binding, and in full force and effect.
38. MILITARY SERVICE OF THE ACTOR.
If the Actor is called to report for Military Service, the Actor may cancel the Actor's
contract by giving the Producer as much notice as the circumstances will permit.
39. MORE REMUNERATIVE EMPLOYMENT.
(A) Short-Term Employment. Should the Actor, while signed to an Off-Broadway
Contract, show proof of more remunerative short-term employment in the
entertainment industry, the Actor shall be free to accept such employment upon
written notice to the Producer as set forth in (C) and (F), without obligation on
either party for performances lost. A copy of said notice must be filed with
Equity. Short-Term more remunerative employment (“M.R.E.”) provisions are
not available to a Principal Actor signed to a Term Contract and as provided for
in Paragraph (5) below.
(1) Short-term employment as used in this Rule is employment of no more
than three weeks.
(2) An Actor replacing another on short-term employment notice shall be
guaranteed one week's employment with a minimum of one week's Health
contribution plus one-sixth of rehearsal pay for each day or fraction thereof
41
the Actor is called upon to rehearse. If the Producer must engage an
additional Actor to replace a "bit" player herein the Actor replaced may not
return in less than one week.
(3) Paragraph (2) above notwithstanding, Producer may hire an Actor on a
per-performance basis at no less than one-eighth of the applicable minimum
weekly salary, as long as the Actor has either performed or understudied the
role within the last year. When an Actor is hired under this provision, the
Producer shall make a health payment on that Actor’s behalf, and no health
payment will be required on behalf of the Actor taking MRE leave. The
Producer and Actor shall execute a rider stating that the Actor is being hired
under the provisions of this rule as an MRE replacement. Producer shall also
note on the weekly report the Actor who is out on MRE leave.
(4) If, at the expiration of three weeks, the Actor has not returned to the cast,
the Producer shall have two additional weeks to fill the part. In the event that
the Actor not returning has a rider to his/her contract which provides for more
than two weeks’ notice of termination, the Producer shall have the same
number of weeks to fill the part. In the event that the Understudy performs
the role due to this provision for more than 16 performances, the Understudy
shall be paid one-sixteenth of contractual salary for each performance over
16 performances in addition to any other compensation to which the Actor is
contractually entitled.
(5) In the event an Actor has accepted more remunerative employment or has
been granted a vacation, and further provided that such employment or
vacation has been properly posted, another Actor who either performs or
understudies the same role shall not be entitled to M.R.E. for the same period
of time.
(B) Long-Term Employment. Should the Actor, while signed to an Off-Broadway
Contract, show proof of more remunerative long-term employment in the
entertainment industry, the Actor shall be free to accept such employment upon
written notice to the Producer as set forth in (C) and (F) below. A copy of said
notice must be filed with Equity, and at its expiration, the Actor's Off-Broadway
Contract shall terminate. (See Rule 65, TERM OF EMPLOYMENT.) Long-Term
more remunerative employment provisions are not available to an Actor signed
to a Term Contract. (See also Rule 67(C)(4), TERMINATION.)
(C) At least nine days' written notice must be given pursuant to (A) above and 12
days’ written notice must be given pursuant to (B) above.
(D) No Actor shall give notice of either short-term or long-term MRE (as defined
in 39(A)(1) and (B) of this rule) to be effective within the first 12 weeks after the
production’s first rehearsal.
(E) 48 Hour Provision.
(1) During the rehearsal period, prior to the Tech Week, upon giving 48 hours
written notice to the Producer, the Actor may take up to 2 days leave for more
remunerative employment in the entertainment industry. No more than one
42
Actor may be out on such leave at any one time. No Actor may use this
clause more than once during the rehearsal period.
(2) After the official opening or 2 weeks after the understudy for the role has
been hired, whichever comes later, upon giving 48 hours written notice to the
Producer, the Actor may take up to 2 days leave for M.R.E. in the
entertainment industry. Such notice shall include one business day, and must
be received no later than 2:00 p.m. on Friday for a leave commencing on
Monday. The provisions of (A)(5) shall apply.
(3) Leaves defined in 39(E)(1) and (2) above shall be given on a first come,
first served basis. Pre-contracted leaves and leaves granted in exception to
Rule 39 shall not be deemed to be leaves under this provision (E).
(F) Notice received after 2:00PM on Friday shall be deemed to be accepted as
of the following Monday morning.
(G) The Actor shall provide written certification from the subsequent employer of
more remunerative employment, including the anticipated start date and
anticipated end date of such employment, upon the request of the Producer.
(H) Should an Actor leave for More Remunerative Employment without having
given the Producer sufficient notice pursuant to paragraph (C) or (F) above,
such action will automatically trigger a proceeding before a panel comprising
three members of Actors’ Equity Association and three members of the League
of Off-Broadway Theatres and Producers, which panel shall meet within seven
business days of the breach. The panel is authorized to levy a penalty on the
Actor to be paid to the Producer.
40. MOTION PICTURE RIGHTS.
(A) If the Producer owns or participates financially in the disposition of the
Motion Picture Rights of a Play or Production, the Producer agrees to sign the
Equity Motion Picture Rights Agreement prior to the signing of any individual
employment contracts. The Producer further agrees that this Motion Picture
Rights Agreement is and is offered as a material inducement to the Actor, and is
of the essence of the Actor's employment contract.
(B) In the event the motion picture rights are subsequently sold, the Producer or
other signatory to the Motion Picture Rights Agreement agrees that up to a
maximum of 50% of the monies received by Producer from said sale shall be
used exclusively to reimburse all Actors engaged on the Off-Broadway Contract
who originally appeared, stage managed, or understudied at the official opening
performance or, if there was no official opening, the actors who appeared, stage
managed, or understudied at the first paid public performance, in an amount
equal to the difference in their salary on the Off-Broadway Contract and the
minimum under the Standard Production Contract which prevailed at the time of
the Off-Broadway production for the full rehearsal period and up to seven weeks
of performance or an amount equal to two weeks' salary at the Standard
43
Production minimum salary then in effect, whichever is greater. Said 50% shall
include all pension monies due on the reimbursements paid to the Actors.
41. NO LOCKOUTS OR STRIKES.
(A) The Producer shall not lock out any of the Actors, and neither the Actors nor
Equity will call, sanction, or participate in any strike against the Producer during
the period of the Agreement between Equity and the League. No Actor shall,
however, be required to perform, or to enter the theatre for such purpose, if such
performance or entrance would endanger the Actor's safety.
(B) Should a strike by the Actors occur during the period of the Agreement,
Equity will be deemed not to have violated the terms of this Rule if Equity
refrains from assisting, encouraging or condoning and in good faith takes every
reasonable means to terminate the strike at once, and in addition thereto
promptly declares publicly that the strike is unauthorized and directs the Actors
to cease such conduct.
(C) The provisions of this Rule shall not be deemed to affect the express rights
of Equity or the Actor under Rules 8, 15, or 49.
42. NUDITY.
(A) Interviews and Auditions.
(1) ACTUAL SEX ACTS SHALL NOT BE PERMITTED.
(2) Nudity shall not be permitted at Principal Auditions except as provided
below.
(3) Nudity at Auditions (Principal and/or Chorus Auditions) shall not be
permitted except with the express written permission of Actors' Equity and
shall be subject to the following guidelines:
(a) Actor shall not disrobe, in whole or in part, until after Actor has been
auditioned as a Principal Actor or Chorus Singer and/or Chorus Dancer;
and,
(b) A Stage Manager or an official Equity representative must be present;
and,
(c) The direct professional and artistic capacity of all persons present must
be attested to by the Producer in writing to Equity at the time the written
permission is requested (i.e., Producer, Director, Choreographer).
(B) Rehearsals and Performances.
(1) ACTUAL SEX ACTS DURING REHEARSAL OR PERFORMANCE
SHALL NOT BE PERMITTED.
(2) Actor shall not appear nude or perform acts of a sexual nature in the
course of a stage presentation unless the Actor has been advised and gives
written consent by the time Actor signs the contract. The script shall be
submitted for review if Actor so requests.
44
(3) Actor shall not pose for nude photographs or appear nude for any motion
picture filming, videotaping or other forms of visual recording without the
Actor's prior written consent. The applicable consent form will be provided by
Equity.
(4) Photograph(s) in which any Actor appears nude or performs an act of a
sexual nature shall not be used in any way without the prior written consent of
each Actor appearing in the photograph, or copy of the photograph, on a fully
executed Equity Nude Photograph/Video Release form. The Actor's written
consent must also appear on a copy of the photograph released. Such
request to utilize the photograph must specify the specific use for the
photograph. The signed, released photograph and release form shall be filed
with Equity. The Producer and the Actor shall keep duplicate records.
(a) Prior to release or use of any film or videotape, video cassette, or any
electronic or mechanical reproduction in which any Actor appears nude,
each Actor appearing in the scene shall be given an opportunity to view the
film or tape to be released to ascertain that it conforms to the terms of the
prior Release. Use or release shall not be permitted without the prior
written acknowledgement of each Actor participating in a scene where any
Actor appears nude, or performs acts of a sexual nature, on a fully
executed Equity Nude Photograph/Video Release form that said film or
videotape conforms to the terms of the aforementioned release. The
Producer shall file a copy of the fully executed release form with the
aforesaid acknowledgement for each Actor with Equity.
(b) An authorized Actors' Equity Association representative must be present
at all such photographing, filming or videotaping.
(5) Actor shall not, while nude, mix with the audience. The Producer shall
take all necessary measures to insure that no member of the audience will be
permitted backstage while any Actor is nude.
(6) Artistic renderings of nude Actors, where the Actor is recognizable, shall
not be permitted without the Actor's prior written consent.
(C) It is agreed that, prior to any photographing or visual recording, the Producer
will require any photographer, cameraman, artist or any other type of visual
recorder of any Actor who performs a part requiring nudity or the performance of
an act of a sexual nature to sign an agreement with the Actor in the approved
form. (See Equity Nude Photograph/Video Release Form to be provided by
Equity.)
(D) The Producer will be assessed damages of up to one week's contractual
salary for each violation of any of the provisions set forth above in paragraphs
(A) and (B).
(E) All of the above shall not preclude the Actor or Equity from instituting any
civil action in addition to the damages set out in this rule.
45
43. NUMBER IN CAST.
(A) The number of Chorus employed on the day before the official opening or
after 16 previews, whichever comes earlier, must be retained for the entire run
of the production.
(B) The number of Principals employed on the day before the official opening or
after eight weeks from the first day of rehearsal, whichever comes earlier, may
not be reduced for any reason.
44. OUT OF TOWN ACTOR.
(See also Rule 68 TRANSFERS AND COPRODUCTIONS)
If an Actor is engaged in an Off-Broadway production which was presented within the
previous 6 months under a BAT, CAT or LA Special Production Contract or which is a
direct transfer from any other Equity contract, and if that Actor appeared in the previous
production and is a bona fide resident of the area in which it was presented*, said Actor
shall be paid expense money of no less than $25/day in addition to contractual salary.
This payment will continue, during the time the Actor rehearses or performs away from
the Actor’s bona fide residence, for the first 9 weeks of employment under a standard
contract or the duration of the first term of a term contract. The Actor shall furnish
Equity and the Producer, on a form supplied by Equity for that purpose, with the city of
the Actor’s bona fide residence. For purposes of this rule, a direct transfer shall be
defined as a production that begins rehearsal within 6 weeks of the close of the
previous engagement and rehearses for fewer than 14 days (including days off) prior to
the first paid public performance under the Off-Broadway contract.
* When the production is a direct transfer, the bona fide residence shall be any area in
which the play was performed as an engagement in the transfer.
45. PENSION FUND.
(A) The Producer hereby agrees to become a participant in the Equity-League
Pension Trust Fund and to abide by all its applicable provisions, requirements
and regulations and to execute all necessary documents, including the
Agreement and Declaration of Trust establishing said Pension Fund now or
hereafter adopted, or which may from time to time be adopted by those
administering said Fund.
(B) The Producer agrees to make contributions to this Pension Fund in an
amount equal to 8% of all payments received by the Actor from the first day of
employment except for any minimum expense reimbursement required by Rules
13(B), CLOTHES AND MAKE-UP; 44, OUT OF TOWN ACTOR; 56(B), REST
PERIODS, plus compensation paid in acknowledgement of reasonable,
legitimate promotional expenses.
46. PERFORMANCES.
(A) Number.
46
(1) A week's work shall consist of no more than eight performances on six
consecutive days. There shall be no more than two performances in any one
day and no more than five performances in any three consecutive days.
(2) Performances shall not begin prior to 2:00 P.M. nor conclude later than
11:30 P.M., except when a twi-night performance is given. The second of
such twi-night performances may not start later than 11:00 P.M. However,
provided seven days' notice is given to the cast, student matinee
performances may be held prior to 2:00 P.M. if 12 hours have elapsed since
the conclusion of the previous night's performance.
(3) Upon two weeks' written notice to the cast and to Equity, the Producer
may alter the Actors' day off to accommodate a revised performance
schedule. The Producer shall post the revised performance schedule which
lists performances and days off. In the event of a two week period in which
there are 16 scheduled performances between days off, the number of
allowable rehearsal hours in the second week shall be reduced from eight
hours to four hours. At least one week's written notice (copy to Equity) must
be given to the company to change the performance schedule when the
Actor's day off is not affected, except in emergencies, where Producer shall
use best efforts to provide notice at Producer's earliest opportunity. This rule
shall not apply to the rescheduling of the official opening night.
(4) A week's compensation shall be paid, even if fewer than eight
performances are given in any week, provided that if the first paid public
performance is on any night except Tuesday or the closing performance is on
any night except Sunday night, payment to the Actor for that part of the
calendar week in which the first paid public performance and/or closing
occurs shall be for such number of performances as, in its sole discretion,
Equity shall determine is the customary number of performances for said part
of said week.
(5) Official Opening and Holiday Schedule. Upon two weeks' written notice to
the cast and to Equity, the Producer may alter the performance schedule
during holiday periods (Christmas and holy weeks [Easter, Passover and
Jewish New Year], Thanksgiving and New Year's) and for the week of and/or
the week prior to the official opening to accommodate a consecutive twoweek performance schedule of seven performances in one week and nine
performances in the other week. In no event may there be more than five
performances in any three consecutive days. There must be two days off
during such two-week period, not necessarily one in each week.
(B) Extra Performances. Extra performances in excess of eight per week are
permitted provided that all other requirements of Section (A) are fulfilled. Such
extra performances are paid for at the rate of two-eighths of the Actor's weekly
contractual salary, and the cast is given at least one week's notice of intention to
give an extra performance. However, no scheduling of an extra performance
shall be permitted on the Actor's day off.
(C) Days Off. (See Rule 56(C))
47
(D) Lost Performances.
(1) If the company cannot perform because of fire, accident, strikes, riot, Act
of God, or the public enemy, which could not be reasonably anticipated or
prevented, then the Actor shall not be entitled to any salary for the time during
which Actor's services shall not for such reason or reasons be rendered,
except that the Actor shall receive the applicable minimum salary for the first
performance lost. Should any of the foregoing conditions continue for a
period of 10 days or more, either party may terminate the contract and the
Producer will pay for all services to date.
(2) In the event that a government (Federal, State or Municipal) proclamation
is issued requesting or directing the closing of businesses for purposes of a
national day of mourning and/or any reason, the Producer shall have the
option to cancel the performances or rehearsals for that day in compliance
with such governmental directive and the Actor shall not be entitled to any
salary for such performances canceled.
(3) Any dispute between the Producer and Equity as to whether this Section
(D) applies to any given situation may be submitted to grievance and
arbitration pursuant to Rule 3, ARBITRATION AND GRIEVANCE, and such
determination shall be final.
(E) Payments to Actor. All performances or rehearsals for which admission is
charged are to be counted and considered as performances for which the Actor
is to be paid.
47. PHOTOGRAPHS AND PUBLICITY. (See also Rule 5, BILLING AND PROGRAMS
and Rule 64, TELEVISING, RECORDING, AND MOTION PICTURE.)
(A) The Producer may require the Actor to pose not only for customary and
usual photographs, but also for photographs to appear in magazines or
newspapers for the sole purpose of publicizing and advertising the play,
including any subsequent productions under Equity contract.
(1) In all cases under the control of the Producer, the Actor's name shall be
properly credited in the publicity whenever and wherever the photographs are
used.
(2) If the Actor does not receive proper credit in photographs or publicity
under the control of the Producer, Equity or the Actor shall notify the Producer
by certified letter return receipt requested of the improper credit. If such error
is not corrected by at least one week after receipt of said notice to the
Producer, the Producer must pay the Actor one-eighth of Actor's contractual
salary for each day the error remains uncorrected.
(3) Should Equity notify the Producer that a photograph is being used in an
unauthorized manner in accordance with paragraph (A) above, the Producer
shall send a cease and desist letter to the unauthorized user and make all
reasonable efforts to stop the unauthorized use. Rule 8 BREACHES BY
PRODUCERS shall not apply in this case.
48
(B) Company picture calls, except those during the authorized rehearsal hours
or dress rehearsals for replacement, shall be limited to:
(1) A maximum of two during the rehearsal period;
(2) A maximum of three in the first three months from the first paid public
performance.
(3) A maximum of three between the fourth and twelfth month of the run of the
production, and, thereafter, three additional calls per year.
(C) Scheduling.
(1) Picture calls shall take place immediately following the matinee or evening
performance or during the authorized rehearsal hours or dress rehearsals
required for replacements.
(2) Picture calls may be scheduled between performances when two
performances are given in one day only with the consent of the majority of the
Actors involved taken by secret ballot. Notice of a picture call must be at
least a 24-hour notice and must be posted before the half-hour of a
performance. If the Producer desires to take pictures at the time auditions
are held, such pictures may be taken prior or subsequent to the auditions with
the written consent of the Actor, but in no event during auditions.
(3) The time during which said photographs may be taken shall not exceed
three hours in the case of a dramatic play or four hours in the case of a
musical comedy or revue. When the photo call follows a performance, the
time of the call shall commence at the conclusion of the performance.
(4) When photograph calls are allowed between performances the Actor shall
have not less than one hour rest period between performances on a two show
day and the Producer shall, at the Producer's own expense, provide the
Actor(s) with a hot meal. If the calls take place after the evening
performance, a meal shall be made available to the Actor at the Producer's
expense.
(5) In the event the Producer requests a picture call for the purpose of
replacing a photograph required to be removed under the provisions of Rule
5(B) or for other reasons resulting from the replacement of an Actor, and such
picture call involves three performers or in event that Rule 5(B) applies for
four person casts, the time and place of such picture call shall be mutually
arranged between the Producer and the Actors and such a call shall not be
considered a Company picture call under the above Rule.
(6) If the photographs are taken at a time other than hereinabove specified, or
if the limit of hours herein specified is exceeded, or if the limitation of Section
(B) above is exceeded, the Actor(s) shall be paid not less than one-eighth of
contractual salary extra for each day or part thereof employed on such
photographing.
(D) Actor may not pose for nude photographs without the Actor's prior written
consent. Nude photographs of an Actor may not be used in any way without the
49
prior written consent of the Actor on a copy of the photographs to be released
and on a fully executed Equity Nude Photograph/ Video Release form. A copy
of the signed released photograph and the fully executed Release form shall be
filed with Equity and the Producer and the Actor shall keep a duplicate copy of
each photograph and Release form. (See also Rule 42, NUDITY.)
(E) The Producer shall reimburse the Actor for all reasonable personal expenses
incurred in connection with personal and publicity appearances initiated or
required by the Producer. All interviews and personal appearances shall be at
the Actor's convenience and with the Actor's agreement, and the Actor shall be
paid transportation to and from any interview or personal appearance. The
Producer shall have the right to designate the form of transportation.
(F) The Producer must obtain the Actor's prior written authorization before the
Actor's picture may be used in conjunction with a commercial product and said
authorization must specify the commercial product involved.
(1) If the Actor consents to the use of the Actor's picture, as aforesaid, the
Actor shall be paid not less than $150 for said use. Actors called to a picture
call for the purpose described above, whether said call is at the theatre or
elsewhere shall be paid $100 per hour for said call, but shall be paid no
additional sums for the use of pictures taken during said call.
(2) This requirement of this Section (F) shall not apply to the so-called
institutional ads similar in type to the department store ads on file at the
offices of Equity and the League.
48. PRESS RELEASES.
The Producer shall use reasonable care that the Producer's press department shall
drop the name of the Actor from advertising and publicity matter as soon as possible
after the Actor leaves the company. The Actor is at liberty to announce the Actor's
subsequent engagement when or after said engagement commences. (See Rule 5,
BILLING and PROGRAMS.)
49. PRODUCTION PROSECUTED
(A) Should the production in which the Actor is engaged be complained of as
being in violation of any statute, ordinance, or law of the United States, or any
State or any municipality in any State, and should a claim or charge be made
against the Actor on account of being engaged in such production, either civil or
criminal, the Producer shall defend the Actor at the Producer's own expense, or
shall pay any and all reasonable charges laid out or incurred by the Actor in the
Producer's defense, and indemnify the Actor against any loss or damage which
the Actor may suffer on account of being engaged in any such production.
(B) It is specifically agreed and understood between the Actor and the Producer
that the language, business and costuming of the play are under the control and
direction of the Producer and author, who according to custom, can at any time
erase or amend the scenes and lines, and that consequently the Actor has no
50
certain method of knowing during rehearsals, whether in its final presentation
the play is susceptible of being considered immoral or indecent. Therefore the
Producer represents to the Actor that the play as produced shall not violate any
law or give offense which is punishable by any law, and expressly agrees that
should the Producer or the author be arrested or summoned on such charges,
that (Equity consenting), the Actor may end and terminate the engagement
forthwith. Upon such termination the Producer shall pay to the Actor forthwith all
sums due under this Agreement plus one week's salary, as compensation for
the termination of the engagement without notice, but in no event shall the Actor
receive less than a total of two weeks' salary.
(C) This rule shall not apply to any case or any set of conditions where its
enforcement would be illegal or against public policy. In the case of an arrest on
account of the nature of the play or its production, the Producer shall forthwith
furnish bail for the Actor; and, in the event of the Producer's failure to do so, or
for any breach of this rule, the Producer shall pay to the Actor (Equity
consenting) the sum of $5,000. After an arrest, the Actor may demand a
suspension of performance pending a determination, and such suspension shall
not terminate or otherwise affect the terms of the agreement unless Equity shall
otherwise order.
50. PROPERTY: REIMBURSEMENT TO ACTOR FOR LOSS OR DAMAGE.
(A) The Producer shall reimburse the Actor for all loss and/or damage to the
Actor's property used and/or to be used in connection with the play or plays
covered by this Agreement; the personal clothing worn by the Actor to the
theatre, and the personal clothing or personal effects or property worn or carried
by the Actor to auditions; and the personal effects of the Actor, including the
Actor's baggage, while such property is wholly or partly in the possession or
control or under the supervision of the Producer, or under that of any of the
Producer's representatives, or while said property is in any theatre, building or
other place in which the play or plays covered by this Agreement has been or is
being given or is to be given; or when said property or personal effects has been
in any way shipped, forwarded or stored by the Producer or any of the
Producer's representatives, agents, or employees, up to a limit of $3,000 for the
Actor's personal effects and/or clothing; up to a limit of $750 on the Actor's furs;
up to a limit of $500 for the Actor's jewelry. Actor shall give Producer notice of
any claim filed under this rule within 21 days of the loss and/or damage to the
Actor's property.
(B) Except that, if the Producer provides facilities for safekeeping the Actor's
personal valuables, jewelry and/or cash not used in the production, while said
articles are in any theatre, the Producer shall be liable for loss and/or damage
only if said personal valuables, jewelry and/or cash are given to the Producer or
the Producer's agent for safekeeping. In this regard, the Producer agrees to
provide facilities for safekeeping of said articles, and to inform all Actors of same
and of the necessity for using such facilities (under the provisions of this Rule)
51
by a written notice posted on the call board. The Actor's signature on this notice
shall be deemed proper notice to the Actor of the existence of these facilities.
(C) The Producer shall be liable as hereinabove provided whether or not the act,
fault or negligence of the Producer, the Producer's agents, or representatives,
caused or contributed to such loss or damage. The Producer, however, shall
not be liable for any loss or damage to the property of the Actor while said
property is under the sole and exclusive control and supervision of the Actor.
(D) Except as above provided, the Producer shall not be responsible for any loss
and/or damage to the personal property of the Actor over and above the
limitations herein set forth, and where as to such property it is the duty of the
Actor, if the Actor desires to protect him/herself against loss, to insure the same.
The Producer may meet the foregoing obligation by maintaining adequate and
sufficient insurance coverage which shall provide the same protection as the
Producer hereby assumes. Upon the direct payment of any loss or damage to
the Actor by the Producer, the Producer or the Insurer shall be subrogated to all
rights of the Actor to the extent of such payment.
51. RECORDINGS USED IN PRODUCTION.
(A) The Actor shall not be required to work in any company where recordings
are used to supply dialogue, singing and chanting, or business where live Actors
might be employed, unless the Producer shall have first obtained the written
consent and permission of Equity, and shall comply with all such terms and
conditions as Equity may prescribe.
(B) However, the consent of Equity shall not be required for a Principal Actor to
record a portion of the role which the Actor performs live on stage for use in the
Production, provided the recording is made with the Actor's consent; and further
provided that the recording is made during the regular rehearsal hours. The
recording is to be used only during the period in which the Actor is employed
provided, however, that the following shall apply if the Actor terminates his/her
employment and the recorded voice is not a character the Actor portrays live on
stage:
(1) If the Actor terminates during rehearsal the Producer shall have 26 weeks’
use of the recording in performance at no additional compensation.
(2) If the Actor terminates during previews (prior to the official opening), the
Producer shall have 13 weeks’ use of the recording in performance at no
additional compensation.
(3) If the Actor terminates after the official opening, the Producer shall have
use of the recording for no additional compensation for the period equal to the
length of the Actor’s notice clause.
(C) In the event no one in the cast is appropriate for the purpose of making a
recording for use in the production, the Producer may hire an Actor at the
AFTRA non-broadcast, off-camera (or in the case of video, on-camera) daily
rate provided no more than two minutes of such recorded material is used in the
52
production for each such Actor. If the recorded material exceeds two minutes,
an Actor not otherwise under contract to the production may be hired on a
minimum 2-week contract for the purpose of recording audio or video material
for use in the production. A minimum payment of 2 weeks’ applicable minimum
salary, pension and health shall be made for each 26 weeks’ use of the
recorded material. Any recording so produced may be used for that one
production only.
(D) This provision will not apply to a recognizable “star” and Equity will not
require payment for same provided the Producer obtains written permission
from any such star currently living. The definition of “star” shall be determined
by Equity in its sole discretion.
(E) It is understood that when a Producer transfers a production from a
NYCLOA, Mini, ANTC or Transition Agreement to Off-Broadway, any recording
produced pursuant to the terms of such agreement may be used in the OffBroadway production for up to 18 weeks provided each Actor agrees in writing
and is paid no less than the difference between the Actor’s contractual salary
under the previous agreement and the applicable Off-Broadway minimum.
52. REHEARSALS.
(A) Beginning of.
(1) Rehearsal salary shall begin with the date specified on the Actor's
individual contract. Subsequent to the signing of an Off-Broadway contract,
the Actor may agree to attend no more than three days of pre-rehearsal within
a seven day period, prior to the start of the Actor's contracted rehearsal
period. If the Actor does attend, the Producer shall pay for one week of the
applicable health rate plus pension for the three-day period, and the Actor
shall receive one-sixth rehearsal salary for each day. The period between
this pre-rehearsal and the Actor's actual first day of rehearsal shall not exceed
nine weeks.
(2) The Producer and/or Stage Manager must notify Equity of the time and
place of the first day of rehearsal at least two days prior to the first rehearsal.
(B) Continuous.
(1) It is agreed that except as stipulated in 52(A) above, rehearsals shall be
continuous from the date of the first rehearsal to the date of the first public
performance of the play as stated on the face of the Contract of Employment.
(2) Computation of rehearsal hours shall be consecutive from first call to each
Actor on each day.
(C) Rehearsals Prior to and During the Week of the First Paid Public
Performance.
(1) The total workweek (Monday through Sunday) shall be limited to no more
than 42 hours, with no more than 7 out of 8 ½ consecutive hours, on no more
53
than 6 days, said rehearsal to be computed from the time of rehearsal call for
each Actor.
(2) Breaks. During the rehearsal period there shall be a recess of one and
one-half hours after a period of not more than five consecutive hours of
rehearsal. Except during run-throughs and dress rehearsals, there shall be a
break of five minutes after no more than 55 minutes of rehearsal or 10
minutes after no more than 80 minutes of rehearsal for each member of the
company. During non-stop run-throughs, there shall be a break of not less
than 10 minutes at the intermission point(s).
(3) The Company, by unanimous secret ballot vote, may elect to rehearse
seven out of eight hours.
(4) At the request of the Director and/or Producer, the Company, by
unanimous secret ballot vote, may elect to rehearse for six consecutive hours
provided the total rehearsal hours for the day do not exceed six hours.
(a) This six-hour block shall constitute the entire work schedule for the day.
(b) Each six-hour rehearsal shall replace a typical 7 out of 8 ½ hour
rehearsal schedule.
(5) The above notwithstanding, during the two-week period consisting of the
workweek preceding and the workweek including the first paid public
performance, rehearsal may include no more than a total of 5 days of not
more than 10 out of 11 ½ hours; any other rehearsal days in this period shall
be no longer than 7 out of 8 ½ hours except that rehearsal on any
performance day may not exceed 4 hours.
Rehearsal on any twoperformance day shall be limited to 2 hours. (See also Rules 35(C) and 35(F)
regarding Juvenile Actors.)
(6) Days Off During Rehearsal Period. There shall be one day off in each
workweek (Monday through Sunday), except that the day off for the
workweek containing the first paid public performance may be waived or may
be moved to the previous workweek. In no event, however, may there be
more than 13 days between days off in this two-week period. However, if
there is no full day off within the 7 days prior to the first paid public
performance, there shall be a daylight day of rest within the 7 days prior to the
first paid public performance. A daylight day of rest shall be defined as
having no more than 5 hours of rehearsal beginning no earlier than 7 hours
after the end of the required overnight rest period, but in no event earlier than
6:00 p.m. (See also Rule 56(C)).
(D) Rehearsals During Preview Period. (Beginning the week following the first
paid public performance.)
(1) Hours.
(a) Rehearsals and/or note sessions shall not exceed four hours on a
preview day unless the overtime rate is paid for each hour or part thereof
over 4 hours except that overtime rehearsal shall not exceed 2 hours.
54
(b) Rehearsals and/or note sessions on two-performance days prior to the
official opening shall be limited to either 2 one-hour calls or 1 two-hour call
in a single week. There shall be no overtime rehearsal on a twoperformance day.
(c) However, after the official opening or 10 weeks after the
commencement of rehearsals, whichever is sooner, there may be no
rehearsals or note sessions on two-performance days except in an
emergency.
(d) In the event the Producer cancels a performance in a week where eight
performances are regularly scheduled, the Producer may convert such
performance time to rehearsal hours, subject to Equity's consent, which
shall not be unreasonably withheld.
(2) Breaks. There shall be a recess of one and one-half hours after a period
of not more than five consecutive hours of performances and/or rehearsals
combined. In addition, except during run-throughs and dress rehearsals,
there shall be a break of five minutes after no more than 55 minutes of
rehearsal or 10 minutes after no more than 80 minutes of rehearsal for each
member of the company. During non-stop run-throughs, there shall be a
break of not less than 10 minutes at the intermission point(s).
(3) If after four weeks of paid public performance but in no event more than
ten weeks from the first day of rehearsal, the show has not opened officially,
rehearsal and actual performance times including half hour shall not exceed
32 hours per week. In weeks nine and ten, Actors called to rehearse on the
day after the day off shall be compensated at the straight overtime rate.
(E) Rehearsals After Official Opening.
(1) Rehearsals and/or note sessions shall be limited to 8 hours per week, 12
hours for Understudies and Dance Captains and 15 hours for Stage
Managers (see also Rule 63(M) for Stage Managers) and shall take place on
no more than 3 days. Rehearsals may be scheduled on one-performance
days for no more than 4 hours. There shall be no rehearsal permitted on twoperformance days, except in an emergency (See Rule 69(C)
UNDERSTUDIES).
(2) There will be no rehearsal and/or note sessions on the day following the
day off except for opening night in a new theatre when a production has
changed theatres, emergency and/or cast replacements if the replacement is
going into the performance that evening or if the replacement has previously
performed in an emergency situation without having had a put-in rehearsal.
The above notwithstanding, in the event that any Actor has given notice
pursuant to provisions of Rule 39, MORE REMUNERATIVE EMPLOYMENT,
all Actors in the company may be called to rehearse on the day after the day
off for no additional compensation if the Understudy or replacement Actor is
being put into the show within two non-matinee days. Any additional
allowable hours of rehearsals incurred to cover the absence of any Actor out
55
under the provisions of Rule 39, MORE REMUNERATIVE EMPLOYMENT,
which are not already permitted under Rule 52, REHEARSALS, shall be
payable at the straight overtime rate. Rehearsals called for the purpose of
replacing musicians shall be paid for at the overtime rate.
(3) Except for Stage Managers rehearsing pursuant to the above provision (2)
regarding rehearsal for replacement Actors, Stage Managers required to
rehearse on the day after the day off shall be compensated at the hourly rate
as listed below but in no event shall be compensated at a rate less than any
Actor earns for the same hours rehearsed.
Categories A, B, & C
Categories D & E
Effective October 24, 2005
$25.50
$29.75
Effective October 29, 2007
$26.50
$31.00
(F) Rehearsal Salary (See also Rule 58(B)).
(1) Rehearsal salary shall be the effective minimum salary set forth in the
Base Level of Rule 58, SALARIES.
(2) Rehearsal salary for replacements hired after the show's first paid public
performance shall be adjusted weekly in accordance with the previous week's
gross box office receipts, per the scale in Rule 58(A), for each rehearsal week
in excess of the total number of rehearsal weeks in the production's initial
rehearsal period.
(3) Rehearsal salary for understudies hired after the show's first paid public
performance shall be adjusted weekly in accordance with the previous week's
gross box office receipts commencing with the Actor's third contracted
rehearsal week.
(4) In the event a replacement or understudy performs the role or a portion
thereof prior to the conclusion of his/her contracted rehearsal period, said
replacement or understudy shall be paid his or her contractual salary
pursuant to Rule 58(C), Weekly Gross.
(5) Where pro-rata rehearsal is permitted, payment shall be at the rate of onesixth of rehearsal pay for each day or part thereof. (See Rule 58, SALARIES.)
(6) During the first five weeks of the production's initial rehearsal period,
rehearsal salary shall be paid. Thereafter, full contractual salary shall be
paid.
(7) Salary During Week of First Preview. During the week that contains the
first paid public performance, Actor shall receive 1/6th of rehearsal salary for
each day of rehearsal. Actor shall also receive 1/8th of contractual salary for
each performance given during this week. In no case may Actor receive less
than minimum weekly salary. Should a full day off be given for the week
containing the first paid public performance (see rule 56(C)(1)), salary for the
56
week containing the first paid public performance will not exceed weekly
contractual salary, not including overtime and/or penalty payments. Should a
full day off not be given for that week (see Rule 56(C)(1)), Actor shall receive,
without limitation, 1/6th of rehearsal salary for each day of rehearsal plus 1/8th
of contractual salary for each performance given in this week.
(G) Days Off. See Rule 56(C).
(H) Absences and Latenesses.
(1) In the event the Actor is absent from or late for rehearsals without good
and sufficient cause on more than two occasions within 12 months, the
Actor's salary will be reduced by the applicable portion of the Actor's salary
for the time missed. The dollar amount of the reduction shall be based on the
Actor's rehearsal or contractual salary (up to triple the applicable OffBroadway Contract minimum) and the total number of working hours
contracted for the Actor in the week. The reduction will be assessed in no
less than quarter hour increments.
(2) Where lateness is at issue, the Producer may determine, based on the
rehearsal requirements of the day, whether the Actor shall be permitted to
commence rehearsing immediately, at the next quarter hour, or at the start of
the next hour. If an Actor is more than one hour late to the Actor's rehearsal
call, the Producer may determine whether the Actor shall be dismissed for the
entire call. In that event, the Actor's salary will be reduced by the applicable
portion of the Actor's salary for the Actor's entire rehearsal call.
(3) In the event a Producer determines that an Actor's salary should be
reduced, the Actor must receive written notification, with a copy to Equity,
within two business days of the lateness or absence. The Actor may appeal
the determination in writing to the Producer, with a copy to Equity, within two
business days of receipt of Producer's notice. If the matter cannot be
satisfactorily resolved informally among the Actor, the Producer, the League
and Equity, the matter will be resolved in accordance with the procedures set
forth in Rule 3, ARBITRATION AND GRIEVANCE.
(4) If the Actor's salary is reduced twice within twelve months under this
provision, the Actor may be subject to termination for any subsequent
unauthorized absence or lateness.
(5) It is understood that for purposes of calculating the contractual work week
in paragraph (1) above, performances, including half-hour, will be deemed to
be three hours. Notwithstanding the above, however, missed performances
shall still be calculated in eighths. In no event may the Actor's salary be
reduced by more than one week's contractual salary in any one week.
(6) A daily record of latenesses and absences, excused or unexcused, shall
be part of the Stage Manager's records. An Actor's daily record will be
available to the Actor and Equity upon request.
(7) A half-hour Equity meeting between the cast and an Equity representative,
intended to be part of the first Equity meeting with the Company, will be
57
scheduled during the rehearsal period to discuss this rule. The entire cast will
be required to attend and the meeting will be considered a part of the
permitted rehearsal hours for the week. (See also Rule 22(B).)
(8) IT IS THE INTENT OF THIS RULE THAT IT SHALL BE APPLIED
UNIFORMLY.
(I) Rehearsal Pianist. The Producer shall provide, at the Producer's own
expense, piano rehearsal for all musical rehearsals in musical productions
where there is live musical accompaniment.
(J) Overtime. Should the Actor rehearse more than the hours stipulated in this
Rule, the Producer shall pay overtime for any hour or part thereof for each
instance of such overtime rehearsal as set forth below.
Categories A, B & C
Categories D & E
Effective October 24, 2005
$17.00
$21.50
Effective October 29, 2007
$18.00
$23.00
(K) Attendance at. After the official opening, if a Principal, Chorus or Understudy
Actor has other employment (not an audition) in the entertainment industry on a
particular day and notifies the Producer in advance for that purpose, said Actor
shall not be required to attend a rehearsal called on said day. However, for
Understudies, this rule will become effective the later of one week after the
official opening or four weeks after employment or assignment, and the
Understudy shall be required to give 48 hours advance notice of such other
employment in order to be released from an understudy rehearsal, but Rule 39,
MORE REMUNERATIVE EMPLOYMENT, will be applicable two weeks after
employment or assignment, but in no case sooner than twelve weeks after the
production’s first rehearsal (see Rule 39(D)).
(L) Notes. Notes may not be given after the half-hour call except by the Stage
Manager, Dance Captain or Fight Captain.
(M)Notice. Absent special circumstances, rehearsals and/or note sessions may
be called only upon 24 hours' written notice. This provision shall apply to all
performing Actors for regular brush-up rehearsals and for replacement calls
when the Producer has more than 24 hours' notice. Understudy calls will be
made on 24 hours' notice when the Producer has more than 24 hours' notice of
the need for such a call.
(N) Costume Measuring. (See Rule 13(L), CLOTHES AND MAKE-UP.)
(O) Rehearsals Lost.
(1) If a Producer is prevented from giving rehearsals because of fire, accident,
riot, strikes, illness or death of star or prominent member of the cast, Act of
God or act of public enemy which could not reasonably be anticipated or
prevented, then the time so lost shall not be counted as part of the rehearsal
period herein provided.
58
(2) In the event that a governmental (Federal, State or Municipal)
proclamation is issued requesting or directing the closing of businesses for
purposes of a national day of mourning and/or any reason, the Producer shall
have the option to cancel the rehearsal in compliance with such governmental
directive and the Actor shall not be entitled to any salary for such rehearsals
that are lost.
(3) Up to the time of suspension of rehearsals, payment of Rehearsal Salary
shall be made as provided herein, and when the said layoff on the above
account shall have continued for two weeks, the Producer shall pay half
contractual salary for two further weeks, at the end of which time the Actor
may terminate the Actor's contract, without payment or penalty, unless the
Producer continues the services of the Actor by paying the Actor full salary
therefore.
(P) Rehearsals Discontinued or Play Abandoned. If a production is abandoned
before or during rehearsals, the Producer shall pay the Actor a sum equal to two
weeks' contractual salary plus all rehearsal salary due to date.
(Q) Picture Calls. (See Rule 47(B) PHOTOGRAPHS AND PUBLICITY.)
53. REOPENING OF A PLAY.
A play once closed shall not be reopened within six weeks of its closing, or reopen
under any Equity contract, except the Production Contract or Special Production
Contract (See Rule 16(A)) without the consent of Equity. Such consent, upon equitable
terms and conditions, shall not be unreasonably withheld.
54. REPLACEMENT OF ACTOR.
(A) Unless Equity shall otherwise order, the Actor may not be required to
alternate with an understudy or successor and if replaced by either, the Actor
may not thereafter be required (unless Equity otherwise orders) to act again in
the part or to report at the theatre for that purpose. Payments, however, shall
be continued to be made to the Actor according to the terms of the Actor's
contract.
(B) Reassignment of Part or Role. Once a part or role has been contractually
assigned to an Actor, said part or role may not be withdrawn by the Producer
after the first four weeks of performance or opening night, whichever comes first,
without the written consent of the Actor.
(C) Inability to Perform.
(1) If the Actor is late for half hour or appears at the theatre unable to perform
due to intoxication or similar cause, the Producer, subject to the provisions of
Rule 3, may determine that the Actor shall not perform and may be
temporarily replaced for a single performance. In this instance 54(A) shall not
apply and the Actor shall be required to perform thereafter, provided the
Producer notifies Equity in writing of such action, and the reasons therefor
within 24 hours. Should such temporary replacement be determined to be
59
without just cause by an arbitrator or by other mutually agreeable means, the
Actor shall be paid full salary for any performance not played as a result of
the Producer's action, and shall continue to perform under the Actor's
contract.
(2) Should the Producer dismiss an Actor for inability to perform due to
intoxication or similar cause and so notify the Actor in writing, and also notify
Equity of such action and the reasons therefor within 24 hours, the above
provisions shall not apply. If it should be determined by an arbitrator or by
other mutually agreeable means that the dismissal was without just cause
(see Rule 67(E)), the Actor shall be paid full salary for any performances not
played as a result of the Producer's action and shall be required to
immediately resume the Actor's performances when notified to do so by the
Producer. Payment for the missed performances must be paid prior to the
Actor resuming performances under the Actor's contract. Pending the
determination the Actor need not report to the theatre. Unless it is
determined by an Arbitrator or by other mutually agreeable means that such
dismissal was unjustified, the provisions of (C)(1) shall also not apply.
(D) Should a Producer dismiss or give an Actor notice whereby the Producer
terminates the Actor's employment (except where employment is terminated
during rehearsals or under the provisions of Rule 54(C)), the Producer may not
re-engage the Actor for the same part or replace the Actor by another Actor at a
lesser salary than the highest salary in the original contract without the written
consent of Equity through its Cuts Board under the same rules and procedures
covering "Cuts." (See also Rule 17, CUTS.)
(E) Part Cut Out.
(1) Standard Minimum. If an Actor's part is cut out before the first public
performance, the Producer shall pay to the Actor a sum equal to two weeks'
contractual salary plus any rehearsal salary due.
(2) Term Contract. If an Actor's part is cut out before the official opening or
up to eight weeks from the first day of rehearsal whichever is sooner, the
Producer may terminate said contract by the payment of a sum equal to two
weeks contractual salary to the Actor, in addition to all sums due for services
rendered, plus up to eight additional weeks' salary to the extent that the play
continues to run more than two weeks after the Actor's part is cut out or
terminated as herein provided. In no event shall the Actor receive less than
the guarantee period specified in the Actor's contract of employment.
55. REPORTS.
(A) The Producer must furnish Equity, on a form supplied by Equity for that
purpose, or a computerized version of said form, with a weekly "Pension and
Health" report listing all Actors employed by the Friday following the last
performance of the week. Where the sliding scale is in effect, the Producer must
also submit to Equity a weekly Box Office Statement (see Rule 58(F) Box Office
Statements). Failure to file such reports and/or statements shall constitute a
60
breach of Equity Rules, entitling Equity, among other things and without any
limitation, to refuse to release the balance of the security deposited with Equity
until the above requirements are met.
(See also Rule 63(B), STAGE
MANAGERS.)
(B) The Producer, provided the Producer does not file Pension and Health
reports and or Box Office Statements for four weeks, shall pay to the Actors'
Equity Foundation, Inc. the sum of $25 for each subsequent week of failure to
file.
(C) Pension and Health Reports shall be sent to:
(1) AEA Contracts Department (with applicable Box Office Statements);
(2) AEA Membership Department;
(3) Equity League Health Trust Fund;
(4) Equity League Pension Trust Fund.
(D) 401(k) Contribution Report shall be sent to the Equity League 401(k) Trust
Fund should any Actor elect to have 401(k) contributions deducted from his
weekly salary. (See also Rule 30, 401(k) Plan Deferral.)
56. REST PERIODS AND DAYS OFF.
REHEARSALS)
(See also Rule 52(C) and 52(D),
(A) There shall be a 12 hour rest period between the end of employment on one
day and the beginning of employment on the next day, except the rest period
leading into the final day before the first paid public performance which shall be
10 hours for all Actors, including Stage Managers. (The rest period leading into
the day of the first paid public performance shall be 12 hours.)
(B) Between Performances.
(1) Whenever there is less than one and one-half hours between curtain down
and half hour, the Producer shall pay the Actors the sum of $15.00 effective
October 24, 2005; the sum of $16.00 effective October 29, 2006.
(2) Under no circumstances may there be less than 45 minutes between twinight performances from the close of the first performance to the start of the
second performance.
(3) Where the rest period is less than one and one-half hours, should an Actor
request food, it will be made available at the beginning of the rest period at
the Actor's expense.
(C) Days Off. There shall be one day off in each workweek (Monday through
Sunday), said day off to be completely free of any rehearsal and/or
performance, except as expressly permitted in (1) and (2) below. In no event
may there be more than thirteen days between days off.
(1) The day off may be waived in the workweek containing the first paid public
performance or may be moved to the previous week. If there is no full day off
61
within the seven days prior to the first paid public performance, there shall be
a daylight day of rest within the seven days prior to the first paid public
performance. A daylight day of rest shall be defined as having no more than
five hours of rehearsal beginning no earlier than seven hours after the end of
the required overnight rest period, but in no event earlier than 6:00 p.m.
(2) In the two-week period prior to and including the official opening, the
performance schedule may be altered so that there may be seven
performances in one week (with two days off) and nine performances in the
other week (with no day off).
57. SAFE AND SANITARY CONDITIONS OF EMPLOYMENT.
The Producer agrees to provide the Actor with safe and sanitary places of
employment. (See also Rule 4(E), AUDITIONS, Safe and Sanitary.)
(A) Floors, Condition of:
(1) Actors shall not be required to rehearse, audition or perform dances or
musical staging on concrete or marble floors or any other surfaces which
Equity shall reasonably deem to be injurious or unsafe, or on wood or any
other substance laid directly over such similar surfaces which does not
provide adequate resilience.
(2) Where a portable stage is used, platforms must be securely fastened and
the stage completely covered by a single deck of such material as wood or
masonite. The edges of all decks must be clearly visible or, if not, guard rails
fastened in order to preclude the possibility of injury. Pits not in use shall be
completely covered by a non-flexible material adequately supported to
prevent accident or injury.
(3) All backstage stairs and step units shall have adequate hand-rails or hand
supports, non-slip treads and luminous markings.
(B) Actors with Disabilities. Should an Actor with disabilities be employed,
reasonable accommodations shall be provided. Additionally, should a Stage
Manager with disabilities be engaged, and the Stage Manager’s booth is not
accessible, Producer shall use best efforts to make an alternative space
available.
(C) Rehearsal Spaces. The Producer agrees not to rehearse in any space that
has not been previously inspected and approved by a representative of Actors’
Equity. Rehearsal Spaces shall include:
(1) Heat and air-conditioning as necessary.
(2) One private toilet for each gender.
(3) Adequate wash basins with adequate hot and cold water.
(4) Proper ventilation.
(5) Touch-tone pay phone. (Non-touch-tone telephones already in place on
November 2, 1997 will be grand-fathered under this rule).
62
(6) For dance rehearsals: sprung dance floor.
(7) Ample, pure, cool drinking water shall be provided wherever the Actor is
required to rehearse.
(8) First Aid kits, stocked with adequate supplies, shall be available and easily
accessible at all times to rehearsal areas.
(D) Performance Spaces.
(1) All stage areas (including non-traditional stage areas) will be well
ventilated and every effort will be made to keep stage areas at a comfortable
and healthful temperature by the time of the Actors’ call. Heating and air
conditioning systems shall be properly maintained in good working condition.
Should temperatures exceed or drop below a comfortable and healthful level,
appropriate modifications will be made in order to allow Actors to perform
comfortably. Appropriate modifications may include but are not limited to
costume adjustments, fans, portable air-conditioning units, portable heaters,
ice packs and cool drinking water.
(2) Telephone. A pay touch-tone telephone (excepting telephones installed as
of November 2, 1997) shall be provided backstage for Actors’ usage.
(3) Cots. The Producer shall provide a cot backstage for any Actor who may
become ill during a rehearsal or performance. When there are both male and
female Actors in the cast and the only area for cots is in the dressing rooms,
Producer shall provide one cot for the male Actors and one cot for the female
Actors.
(4) Producer shall post such notices as are required by the regulations of the
Occupational Safety and Health Administration.
(5) Fire Safety Procedures. The Producer must post fire safety procedures,
which shall include the location of all fire exits, fire fighting equipment and
evacuation procedures. The theatre’s designated Fire Guard shall give the
Actors a walk-through of the building to point out fire exits.
(6) Dressing Rooms. Minimum sanitary facilities shall be:
(a) One dressing room for men.
(b) One dressing room for women.
(c) Adequate wash basins, with adequate hot and cold water, not custodial
sinks.
(d) 30 inches of dressing table space with chairs and mirrors near for each
Actor.
(e) All dressing rooms shall have adequate lights, mirrors at least one foot
by two feet in dimension, shelves and wardrobe hooks for Actors' make-up
and dressing equipment, and clothing racks or their equivalent with hangers
for the Actors' personal clothes.
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(f) Use of fluorescent lights for make-up purposes is prohibited unless the
fluorescent lighting is specifically warranted by the manufacturer to be for
theatrical make-up purposes.
(g) All dressing rooms must be properly heated or air-conditioned as
necessary. Each dressing room must be equipped with an air-conditioning
system, air-cooling system, or some similar type of mechanical device.
Heating and air-conditioning systems shall be properly maintained in good
working condition, and cleaned as necessary to insure proper ventilation
and the circulation of air. Producer shall use best efforts to supply these
devices immediately upon notification from Equity. Should the Producer fail
to take steps to provide adequate mechanical devices within 48 hours of
notification from Equity, the Actor, Equity consenting, shall not be required
to remain at the theatre. Ventilation of dressing rooms shall meet the
standards set by the municipal health codes.
(h) All dressing rooms shall be maintained in a clean and sanitary condition.
Rooms must be cleaned at least once each working day. Floors shall be
washed or vacuumed at least once each week.
(i) Each Actor shall use best efforts to keep Actor's own dressing room
and/or area clean and shall not leave any open food containers in dressing
rooms or anywhere in the theatre.
(j) Dressing rooms shall be painted and maintained as necessary. Peeling
paint and loose plaster shall be repaired upon written notification by Equity
as soon as practicable.
(7) Lavatory and Toilet Facilities. Minimum facilities shall be:
(a) One private toilet for each gender.
(b) Adequate wash basins, with adequate hot and cold water, not custodial
sinks.
(c) In any production which has dancers, requires nudity, or requires the
use of body make-up, showers separate from other sanitary facilities must
be provided. All theatres built after 1970 or renovated after November 2,
1997, must have showers and all showers must have hot and cold running
water.
(d) Washrooms and toilets must be cleaned at least once each working day.
Floors shall be washed or vacuumed at least once each week. Showers as
specified in (c) above shall be available for use and cleaned as necessary.
(e) Washrooms shall be painted and maintained as necessary. Peeling
paint, loose plaster and faulty plumbing shall be repaired upon written
notification by Equity as soon as practicable.
(8) The facilities listed above in (6) and (7) must be separate from audience
facilities and easily accessible to the cast at all times.
(9) Stage Managers’ Booths. Stage Manager’s booth shall have:
64
(a) Adequate table space for the Stage Manager’s use; an adequate
adjustable seat; adequate lighting; and, to the extent possible, an
unobstructed view of the stage. (If the view is substantially obstructed, a
video monitor shall be provided.)
(b) The Stage Manager’s booth shall also have an audio monitor from the
stage and a communication and/or paging system in working order between
the booth and the dressing rooms. (If an Assistant Stage Manager will
always be on headset backstage, then a communication system both
between the booth and the stage and between the stage and the dressing
rooms will be deemed sufficient.)
(c) All obstructions, (i.e., pipes, conduit, ducts, beams, any other
protrusions extending into the booth) must be clearly marked and securely
fastened. All electrical devices must be shielded per OSHA regulations.
(d) Access-ways must have adequate lighting and adequate handrails.
Treads on stairways and/or permanent ladders shall be maintained in safe
condition and OSHA approved.
(e) The Producer agrees to provide adequate secure, lockable space for the
Stage Manager’s belongings.
(f) The Stage Manager’s booth must be properly heated or air conditioned
as necessary. Heating the Stage Manager’s booth may be accomplished by
means of a space heater, provided that there is room and the space heater
would not present a safety hazard. Heating and air-conditioning systems
shall be properly maintained in good working condition, and cleaned as
necessary to insure proper ventilation and the circulation of air.
(g) The Stage Manager’s booth shall be maintained in a clean and sanitary
condition. Floors shall be washed or vacuumed at least once each week.
(See also Rule 63(K)(4))
(h) The Stage Manager’s booth shall be painted and maintained as
necessary. Peeling paint and loose plaster shall be repaired upon written
notification by Equity as soon as practicable.
(10) Ample, pure, cool drinking water shall be provided wherever the Actor is
required to perform.
(11) Extermination. Producer agrees to provide extermination service as
needed.
(12) First Aid kits, stocked with adequate supplies, shall be available and
easily accessible at all times to dressing rooms.
(13) Inherently Dangerous Conditions Prohibited. No Actor shall be required
to perform any feat or act, which places Actor in imminent danger or is
inherently dangerous, nor shall any Actor be required to perform in a costume
or upon a set, which is inherently dangerous. It is not the intent of Equity to
interfere with proper artistic judgments of the Producer but only to protect the
Actor from injury, which may jeopardize or terminate a professional career.
65
The Producer shall advise Equity as soon as possible when, in Producer’s
judgment, there is a potentially dangerous situation. If Equity deems the
situation to be one which should be prohibited by this section and the
Producer does not agree, the matter shall be submitted for prompt
consideration by an industry committee composed of the President of the
League of Off-Broadway Theatres and Producers, or his/her designee,
representing the League and the Executive Director of Equity, or his/her
designee, representing Equity. If the two cannot agree, the matter shall
promptly be submitted directly to arbitration.
(14) Smoke and Haze Effects.
(a) Permitted Substances. The Producer agrees to use only dry ice, liquid
nitrogen, or substances listed in, and in accordance with the specified limits
set forth in the HEALTH EFFECTS EVALUATION OF THEATRICAL
SMOKE, HAZE, AND PYROTECHNICS.
(b) Notice Requirement. Prior to the use of any smoke or haze effect, the
Producer must send written notification to Equity. The Producer must notify
Equity of the name of the manufacturer, machine, fluid, attachments, any
other products to be used and whether the effect will be following the time
and distance calculations in the EQUIPMENT-BASED GUIDELINES FOR
THE USE OF THEATRICAL SMOKE AND HAZE or a portable air-sampling
monitor as outlined in the EVALUATION OF SHORT-TERM EXPOSURES
TO THEATRICAL SMOKE AND HAZE AIR SAMPLING PROTOCOL both
prepared by ENVIRON International Corporation dated May 14, 2001 and
as may be amended by Environ and Mount Sinai.
(c) Thereafter, the Producer must notify Equity, in writing, of any changes
and/or additions to the original notification not later than 72 hours prior to
the first use. The Producer must post all written notifications to the Actors'
callboard.
(15) Raked Stage.
(a) Prior to the construction of any raked stage where the incline will be
greater than 1/2 inch per foot, the Producer shall promptly notify Equity of
such plans and provide such information as Equity may reasonably request.
It is understood that when a Producer is utilizing a set from a prior
production, said notice may not be possible and the Producer agrees to
notify Equity as soon as a determination is made that such set will be
utilized.
(b) When a raked stage is used, a qualified instructor will give instructions
to the cast, prior to opening, as to how to perform on the rake in order to
avoid the risk of injury. Thereafter, brush-up instructions will be provided at
least once each year. Instructions will also be provided for all replacement
Actors as well as Swings and Understudies, before their first paid public
performance.
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(E) Notwithstanding any other provisions of these Rules or the individual
Contracts of Employment, Equity in its sole discretion shall determine whether
the aforementioned Safe and Sanitary Conditions are being properly
maintained.
58. SALARIES.
(A) The Actor's minimum weekly salary shall be as follows:
Year One: October 24, 2005 – October 22, 2006
Category A
Gross
Actor
SM (w/Freestanding ASM)
SM (No ASM
or ASM/US)
ASM
100-199 Seats
$0 - $$40,038
$497
$584
$596
$534
$40,039 - $44,490
$509
$598
$606
$547
$44,491 - $50,052
$531
$624
$632
$571
$50,053 - $55,644
$543
$638
$646
$584
$55,645 - $61,175
$555
$652
$660
$597
Over $61,176
$561
$659
$668
$603
B
C
D
Category
E
200-250 Seats 251-299 Seats 300-350 Seats 351-499 Seats
Salary: Actor
$580
$674
$777
$872
SM (w/Free-standing
ASM)
$682
$792
$913
$1025
SM (No ASM or ASM/US)
$690
$802
$925
$1038
Free-standing ASM
$624
$725
$835
$937
ASM/US
Add Understudy increment(s) and See Rule 69(A)(2)
Increments for Year One (Add to Base Salary)
Category
A
B
C
D
E
13 week Term
$110
$110
$100
$90
$80
26 week Term
$205
$175
$140
$115
$115
DANCE CAPTAIN
See Rule 18
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Year Two: October 23, 2006 – October 28, 2007
Category A
Gross
Actor
SM (w/Freestanding ASM)
SM (No ASM
or ASM/US)
ASM
100-199 Seats
$0 - $40,763
$506
$595
$602
$544
$40,764 - $44,490
$509
$598
$606
$547
$44,491 - $50,052
$531
$624
$632
$571
$50,053 - $55,644
$543
$638
$646
$584
$55,645 - $61,175
$555
$652
$660
$597
Over $61,176
$561
$659
$668
$603
B
C
D
Category
E
200-250 Seats 251-299 Seats 300-350 Seats 351-499 Seats
Salary: Actor
$592
$689
$792
$890
SM (w/Free-standing
ASM)
$696
$810
$931
$1046
SM (No ASM or ASM/US)
$704
$820
$942
$1059
Free-standing ASM
$636
$741
$851
$957
ASM/US
Add Understudy increment(s) and See Rule 69(A)(2)
Increments for Year Two (Add to Base Salary)
Category
A
B
C
D
E
13 week Term
$110
$110
$100
$90
$80
26 week Term
$205
$175
$140
$115
$115
DANCE CAPTAIN
See Rule 18
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Year Three: October 29, 2007 – October 26, 2008
Category A
Gross
Actor
SM (w/Freestanding ASM)
SM (No ASM
or ASM/US)
ASM
100-199 Seats
$0 - $44,490
$516
$606
$614
$555
$44,491 - $50,052
$531
$624
$632
$571
$50,053 - $55,644
$543
$638
$646
$584
$55,645 - $61,175
$555
$652
$660
$597
Over $61,176
$561
$659
$668
$603
B
C
D
Category
E
200-250 Seats 251-299 Seats 300-350 Seats 351-499 Seats
Salary: Actor
$604
$704
$807
$908
SM (w/Free-standing
ASM)
$710
$827
$948
$1067
SM (No ASM or ASM/US)
$719
$838
$960
$1081
Free-standing ASM
$649
$757
$868
$976
ASM/US
Add Understudy increment(s) and See Rule 69(A)(2)
Increments for Year Three (Add to Base Salary)
Category
A
B
C
D
E
13 week Term
$110
$110
$100
$90
$80
26 week Term
$205
$175
$140
$115
$115
DANCE CAPTAIN
See Rule 18
69
Year Four: October 27, 2008 – October 25, 2009
Category A
Gross
Actor
SM (w/Freestanding ASM)
SM (No ASM
or ASM/US)
ASM
100-199 Seats
$0 - $45,264
$525
$617
$625
$564
$45,265 - $50,052
$531
$624
$632
$571
450,053 - $55,644
$543
$638
$646
$584
$55,645 - $61,175
$555
$652
$660
$597
Over $61,176
$561
$659
$668
$603
B
C
D
Category
E
200-250 Seats 251-299 Seats 300-350 Seats 351-499 Seats
Salary: Actor
$616
$719
$823
$927
SM (w/Free-standing
ASM)
$724
$845
$967
$1089
SM (No ASM or ASM/US)
$733
$856
$979
$1103
Free-standing ASM
$662
$773
$885
$997
ASM/US
Add Understudy increment(s) and See Rule 69(A)(2)
Increments for Year Four (Add to Base Salary)
Category
A
B
C
D
E
13 week Term
$110
$110
$100
$90
$80
26 week Term
$205
$175
$140
$115
$115
DANCE CAPTAIN
See Rule 18
(1) Any Actor currently employed on a contract dated prior to October 23,
2005 who receives a weekly contractual performance salary of $100 or less
above the minimum for that theatre in effect October 24, 2005 shall have
added to their contractual performance salary the dollar equivalent of the
increase in the applicable category minimum, retroactive to October 24, 2005.
(2) Similarly, if Actor's weekly contractual salary is $100 or less above the
minimum for that Theatre in effect on October 22, 2006, Actor shall have
added to Actor's contractual performance salary the dollar equivalent of the
increase in the applicable category minimum as of October 23, 2006.
(3) If Actor's weekly contractual salary is $100 or less above the minimum for
that Theatre in effect on October 28, 2007, Actor shall have added to Actor's
contractual performance salary the dollar equivalent of the increase in the
applicable category minimum as of October 29, 2007.
70
(4) Finally, if Actor's weekly contractual salary is $100 or less above the
minimum for that Theatre in effect on October 26, 2008, Actor shall have
added to Actor's contractual performance salary the dollar equivalent of the
increase in the applicable category minimum as of October 27, 2008.
(5) Large Cast Shows. Producers of large cast shows shall be entitled to the
following credits:
(a) If 12 or more Actors are under contract, then Actors' minimums shall
remain at the Base Level salary for four weeks following the first paid public
performance. For the purposes of this rule only, the first week shall not
count towards this four-week period if four or fewer performances are given.
(b) Thereafter, for a period of no more than 22 additional weeks the
Producer shall receive the following credits on determining the proper level
on the sliding scale:
12-16 Actors
$ 5,500 credit.
17-20 Actors
$11,100 credit.
21-25 Actors
$16,500 credit.
26 or more Actors
$22,000 credit.
(6) Cost of Living Increases.
(a) If the All Urban Consumers, New York-Northeastern New Jersey Cost of
Living Index figure for the month of August, 2006, as published by the U.S.
Bureau of Labor Statistics, is more than 8% higher than such figure for the
month of August, 2005, then and in such event, all of the first year minimum
salaries specified in Rule 58, SALARIES, Base Level, above, shall be
multiplied by the amount of such excess percentage but in no event by
more than three percent, and the dollar amounts resulting therefrom shall
be added to the second year minimum salaries specified in Rule 58,
SALARIES, Base Level. If this provision becomes effective, the same
percentage increase will be applied to the Gross level for each category
where the Base Level for that category increases for the first time on the
sliding scale.
(b) If the All Urban Consumers, New York-Northeastern New Jersey Cost of
Living Index figure for the month of August, 2007, as published by the U.S.
Bureau of Labor Statistics is more than 8% higher than such figure for the
month of August, 2006, then and in such event, all of the second year
minimum salaries specified in Rule 58, SALARIES, Base Level, above,
shall be multiplied by the amount of such excess percentage but in no event
by more then three percent, and the dollar amounts resulting therefrom
shall be added to the third year minimum salaries specified in Rule 58,
SALARIES, Base Level, (as adjusted by the cost of living increase under
paragraph (a) hereof, if any). If this provision becomes effective, the same
percentage increase will be applied to the Gross level for each category
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where the Base Level for that category increases for the first time on the
sliding scale.
(c) If the All Urban Consumers, New York-Northeastern New Jersey Cost of
Living Index figure for the month of August, 2008, as published by the U.S.
Bureau of Labor Statistics, is more than 8% higher than such figure for the
month of August, 2007, then and in such event, all of the third year
minimum salaries specified in Rule 58, SALARIES, Base Level, above,
shall be multiplied by the amount of such excess percentage but in no event
by more than three percent, and the dollar amounts resulting therefrom
shall be added to the fourth year minimum salaries specified in Rule 58,
SALARIES, Base Level, (as adjusted by the Cost of Living increase under
paragraph (a) hereof, if any). If this provision becomes effective, the same
percentage increase will be applied to the Gross level for each category
where the Base Level for that category increases for the first time on the
sliding scale.
(d) If any C.O.L.A. in years 2, 3, and/or 4 of this Agreement causes the
Base Level salary scale to exceed the salary scale of the levels above it,
such new Base Level salary shall become the minimum salary for the
applicable Level(s) which it exceeds.
If the C.O.L.A. causes the Gross of the Base Level to increase in years 2, 3,
and/or 4 of this Agreement, it is understood that the salary stipulated in the
Base Level of each theatre Category will be considered as the applicable
minimum salary in each such Category, and the next level shall have as its
minimum Gross figure such adjusted Gross of the Base Level plus $1.00, and
any fixed Gross of other levels which are surpassed by the C.O.L.A. adjusted
Gross of the Base Level shall be eliminated. In no event will the increase in any
Gross Level affected by the C.O.L.A. escalate the minimum salary beyond that
specified in the Base Level of each Category.
(B) Rehearsal Salary.
(1) Rehearsal salary shall be the effective minimum salary set forth in the
Base Level for each theatre Category of Rule 58 above.
(2) Rehearsal salary for replacements hired after the production's first paid
public performance shall be adjusted weekly in accordance with the previous
week's gross box office receipts, per the scale in Rule 58, for each rehearsal
week in excess of the total number of rehearsal weeks in the production's
initial rehearsal period.
(3) Rehearsal salary for understudies hired after the production's first paid
public performance shall be adjusted weekly in accordance with the previous
week's gross box office receipts commencing with the Actor's third contracted
rehearsal week.
(4) In the event a replacement or understudy performs the role or a portion
thereof prior to the conclusion of the contracted rehearsal period, said
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replacement or understudy shall be paid his or her contractual salary
pursuant to Rule 58(C), Weekly Gross.
(5) Where pro-rata rehearsal is permitted, payment shall be at the rate of onesixth of rehearsal pay for each day or part thereof.
(6) During the first five weeks of the production's initial rehearsal period,
rehearsal salary shall be paid. Thereafter, full contractual salary shall be
paid.
(7) Salary During Week of First Preview. During the week that contains the
first paid public performance, Actor shall receive 1/6th of rehearsal salary for
each day of rehearsal. Actor shall also receive 1/8th of contractual salary for
each performance given during this week. In no case may Actor receive less
than minimum weekly salary. Should a full day off be given for the week
containing the first paid public performance (see rule 52(C)(6)), salary for the
week containing the first paid public performance will not exceed weekly
contractual salary, not including overtime and/or penalty payments. Should a
full day off not be given for that week (see Rule 52(C)(6)), Actor shall receive,
without limitation, 1/6th of rehearsal salary for each day of rehearsal plus 1/8th
of contractual salary for each performance given in this week.
(8) Stage Manager Tech Week Compensation. For the tech week of each
production, the Stage Manager and Assistant Stage Manager shall be paid, in
addition to contractual salary, not less than 1/6th of contractual salary, with
method of payment to be stated in a rider to the Contract. This increment
shall be paid in addition to any penalty or overtime due during tech week.
(C) Weekly Gross. For productions in which there is a sliding scale in effect,
Actor’s performance salary shall be adjusted weekly in accordance with the
previous week's gross box office receipts, per the scale in Rule 58 above. Box
Office Gross shall be defined in accordance with the definition set forth in the
Approved Production Contract, as amended. (See (F)(2) below.)
(D) Assistant Stage Manager. If an Assistant Stage Manager is called upon to
understudy, that Assistant Stage Manager must receive additional
compensation as specified in Rule 69(A)(2), UNDERSTUDIES.
(E) Long Term Employment. After every 32 weeks that an Actor is engaged in a
production, the Actor shall receive an automatic $10 salary increase. This
salary increase shall be in addition to any new minimums created by the Cost of
Living increases. The employment period specified need not be consecutive. A
Principal Actor engaged on a Term Contract shall not benefit from this provision.
(F) Box Office Statements.
(1) Where the sliding scale is in effect, the Producer is required to submit a
weekly Box Office Statement to Equity showing both daily and weekly
receipts by Friday following the last performance of the week that the
statement covers. The statement must reflect the number of seats sold at
each price. (See Rule 55, REPORTS, for late filing penalty.)
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(2) Weekly Gross. It is agreed that the term Box Office Gross, as set forth in
Rule 58(C), WEEKLY GROSS, shall be defined in accordance with the
Approved Production Contract, as amended below.
All sums received from ticket sales to the Play allocable to performances given
in such week less the following deductions:
(a) Federal and other admission taxes;
(b) Customary commissions and fees, as may be prevailing from time to
time, paid to or retained by third parties in connection with theatre parties,
benefits, American Express or other similar credit card plans, telephone
sales, automated ticket distribution or remote box office, e.g. Ticketron and
Ticket World (but not ticket brokers), and commissions or fees for group
sales;
(c) Commissions and fees paid to or retained by credit card companies for
sales of tickets;
(d) Those sums equivalent to the former 5% New York City Amusement
Tax, the proceeds of which are now paid to the pension and/or welfare
funds of various theatrical unions;
(e) Subscription fees;
(f) New York City commercial rent tax;
(g) Receipts from Actors’ Fund/Dramatist Guild Fund Benefit performances;
(h) Receipts from two performances of the Play in each calendar year to the
extent such receipts are contributed for theatre-related eleemosynary
purposes;
(i) If applicable, library discounts, student tickets and other discount ticket
expenses, value added taxes and entertainment taxes, if any;
(j) Any sums included as Gross Weekly Box Office Receipts in a prior
performance week which subsequently are refunded or uncollectable due to
dishonored checks, invalidated credit card receipts or for any other reason.
(G) Checks: When Check is Payment. The Actor’s acceptance of any payment
or the cashing of any check shall not waive the Actor’s claim for the full amount
of compensation that the Actor or Equity may claim is due under the terms of
this Agreement or the individual Actor’s employment contract. The amount the
Actor does receive, however, shall serve as credit against the full amount of the
claim.
(H) Contingent Compensation. No employment contract shall be entered into by
the Producer or Actor where compensation is contingent upon receipts without
the written consent of Equity, which consent will not be unreasonably withheld.
In no case shall compensation be contingent upon profits.
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(I) Actual Salary. The actual salary of the Actor agreed upon shall be stated in
the contract and a lesser or fictitious salary shall not be stated in the contract. A
new contract will be issued and signed whenever the Actor's salary is increased.
(J) Additional Duties. The Actor shall not be required to do any additional work
without mutual agreement and an additional negotiated compensation therefor.
Additional work is defined as playing additional parts, doing additional
understudying or doing additional work as Assistant Stage Manager, not
specified in the Actor's contract at the time of its original signing. (See also (K)
below and Rule 63(C).)
(K) Set Moves.
(1) Definition of Work Permitted Without Additional Compensation:
(a) Actor shall be permitted, without payment of additional compensation, to
set props and small set pieces, and to move furniture and set pieces
specifically designed to be easily utilized by such actor, provided that such
action is within the scope of the actor’s character in the play and that such
movement would customarily be performed by such a character during the
action depicted in the play. In no event may an actor be required to pre-set
scenery before the show or at intermission, nor shall any actor be required
to strike scenery at intermission or after the show except when such pre-set
or strike takes place in view of the audience (a vista). This shall not
preclude an actor from choosing to pre-set his/her own props.
(b) Actor shall be permitted, without payment of additional compensation, to
set props and small set pieces and to move furniture and set pieces
specifically designed to be easily utilized by such actor, provided that such
action coincides with actor’s entrance into (or exit from) a scene in which
the actor takes part as an integral and necessary participant in the staged
plot. Such movement need not be attributed customarily to any character
during the action depicted in the play. Resetting of props in a scene by
actors participating in said scene shall be permitted.
(2) Definition of Work Permitted With Additional Compensation.
(a) Actor shall be permitted, upon payment of additional compensation to
make entrances and exits for the primary purpose of setting props and
small set pieces and for moving furniture and set pieces specifically
designed to be easily utilized by such actor, provided that such
assignments do not prevent or preclude the actor from fulfilling actor’s
customary duties as an actor.
(b) Actors shall be paid additional compensation, if assigned special
blocking (staging), the primary purpose of which is to set props, small set
pieces, move furniture, and set pieces specifically designed to be easily
utilized by such actor. Such assignments shall not prevent or preclude the
actor fulfilling actor’s customary contractual duties as an actor. Special
blocking (staging) shall be defined as blocking (staging) which requires
actor to arbitrarily remove himself or his character from the action flowing
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out of and related to the plot of the play in order to accomplish the prop or
set move, interrupt the flow of action on the stage, or any such move
accomplished during such interruption of the action of the play, including
but not limited to those accomplished during blackouts, dim-outs, or such
other conventional interruptions during which scene shifts take place.
(3) Definition of Work Not Permitted Except With the Permission of and Under
Terms Satisfactory to Equity.
(a) Set or prop moves which are inherently hazardous due to location on
stage, weights of the set piece or prop, construction, pyrotechnic or
electrical effects, proximity to machinery or simultaneous movement of
other scenery or effects shall not be undertaken by the Actor without the
express consent of Equity.
(b) Set or prop moves or other assignments not customarily undertaken by
the Actor which interfere with the normal work of the Actor or for which the
Actor may be engaged to the exclusion of work normally assigned to an
Actor shall not be undertaken without the express consent of Equity under
the terms satisfactory to it.
(4) Compensation.
(a) Additional duties as defined hereunder shall be assigned to the actor by
Rider to actor’s employment contract. It is agreed that assignments may be
withdrawn or reassigned at the discretion of the Producer and that
additional compensation payable hereunder may likewise be adjusted upon
execution of a rider to the actor’s employment contract. The actor shall not
be required to do any set or prop moves as defined in 58(K)(2) above
without mutual agreement and an additional negotiated compensation
therefor.
(b) An actor who performs as a Swing, Understudy, or temporary
replacement in a part which involves set or prop moves for which additional
compensation is required, shall be contracted as outlined above and shall
be paid pro-rata for each performance.
(c) Compensation shall be subject to negotiation between the actor and the
producer.
(d) Payment hereunder shall be in addition to actor’s contractual salary
unless actor has agreed at the time of signing actor’s original contract of
employment that any payments over minimum salary shall cover set and
prop moves as set forth herein.
(L) Overtime. (See Rule 52(J) & Rule 52(E)(3).)
(M)Payment Due. All salaries shall be paid to the Actor the day before the last
banking day in the week. When paid, the Actor shall be issued a stub or other
record of gross salary, increments and dates thereof, itemized deductions, and
net salary. If the Producer employs a computerized payroll service, the
computer generated paycheck shall include year-to-date calculations.
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59. SECRET VOTE.
(A) At all meetings of the AEA members of the company called by the Deputy
and/or Stage Manager the vote shall be by secret ballot.
(B) Should any situation arise where the Producer wishes the company to
consider any proposition not covered by the Standard Equity contracts of
employment or Equity rules, the Producer shall notify the Deputy and the Stage
Manager and the Deputy shall arrange a meeting of the cast which may be held
at the theatre where the company is playing.
(C) At such meeting or meetings, neither the Producer nor the Producer's
representative shall be present other than to explain the Producer's position.
Any proposed action by the cast shall not, however, be binding without the
written approval of Equity.
(D) The determination of the Council of Equity as to any issue arising under the
above provision shall be final and binding upon the Producer and each member.
60. SECURITY AND SECURITY AGREEMENTS.
(A) The provisions of any and all agreements relating to security deposited or
agreed to be deposited with Equity covering any employment under this
agreement and any contracts of employment are hereby adopted and made part
of this agreement and said contracts. This includes agreements on forms now
called "Bond," "Security Agreement," "Authority by Principal" and "Producer's
Statement."
(B) It is of the essence of this agreement and all contracts of employment and a
condition precedent to the engagement of the Actor that the Producer shall have
filed and maintain with Equity a satisfactory security as required by Equity's
existing Security Agreement and Rules.
(C) Bond.
(1) A sum satisfactory to Equity shall be deposited as security with Actors'
Equity Association in a form acceptable to Equity.
(2) Bond must be posted prior to the first rehearsal. Contracts will not be
issued until the bonding process is completed. In the event of a default by the
Producer, Equity reserves its rights to pursue any and all claims through the
Arbitration process set forth in Rule 3, ARBITRATION AND GRIEVANCE of
this Agreement, and, if necessary, to place the Producer's name on Equity's
Defaulting Employer’s List.
(3) The entire bond, or the remainder of the bond minus the bookkeeping fee
should Equity invade the bond, is returnable to the guarantor 28 days after
termination of the engagement and after all the Producer’s obligations have
been met.
(4) Annual Clearance. For any production running longer than one year,
Equity will inform the Producer once each year, within 30 days of the
anniversary of the first paid public performance, of any outstanding
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obligations, including but not limited to, Pension and Health reports and/or
payments, dues reports and/or payments, executed contracts and/or riders,
and payments to or on behalf of Actors.
61. SOCIAL SECURITY - UNEMPLOYMENT INSURANCE
(A) It is understood and agreed that the Actor is entitled to the benefit of all
Federal and State enactments constituting what is commonly known and
designated as Social Security Acts or Laws including Unemployment Insurance
and that the Producer during the term of the Actor's contract shall pay any and
all taxes or payments required to be paid by employers under the provisions of
said law.
(B) The Producer agrees to provide Social Security Benefits under the elective
provisions of the Social Security Law, if the Producer is not required to provide
benefits under the law.
(C) In the event the services of the Actor are not subject to the compulsory
provisions of the New York State Unemployment Insurance Law, then the
Producer hereby agrees that the Producer will elect to cover the Actor and pay
contribution on the earnings of the Actor under the elective provisions of said
Law.
(D) In the event the Producer fails to apply for Unemployment Insurance
Coverage or withdraws or modifies any application for such coverage without
the written consent of Equity, or fails to elect coverage within the time required
by applicable state law, or fails to pay the required insurance contributions to the
appropriate state agencies within the time required, the Producer in that event
must pay to the Actor the equivalent of any Unemployment Insurance Benefits
the Actor may lose as a result thereby. This obligation shall survive the
termination of the Actor's Contract of Employment.
(E) The Producer agrees to furnish the Producer's unemployment registration
number to the Actor and to Equity as soon as such number is assigned to the
Producer.
62. STAGE FIGHTING.
The following regulations shall govern whenever a production requires Actors to enact a
fight:
(A) Prior to rehearsing or performing in said stage fighting, the Actor shall agree
in a contract rider to participate in stage fighting.
(B) All stage fights will be staged with on-site consultation by a qualified
professional (i.e., one who has, through industry-recognized training and
experience, proven ability to perform and supervise the maintenance of safe
stage fighting).
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(C) If the production has three or more Actors who participate in stage fighting, a
Fight Captain, designated by the Fight Director, shall be assigned no later than
the second day of fight rehearsals.
(D) At the express discretion of the Fight Captain and/or Stage Manager, all
Actors who participate in a fight may be required to run through the routine or
any 10 minute segment of it before half hour of each performance, except
before the second performance on a twi-night performance night. The Fight
Captain shall lead such run throughs. These rehearsals shall not come out of
regular rehearsal hours and shall not be subject to overtime.
(E) All equipment used in the performance of any stage fight shall be checked
for safety purposes prior to each performance.
(F) Except in an emergency, performing members of the company shall
rehearse fights with Understudies during regular rehearsal hours. However, in
any event, at least once prior to the Understudy’s performance in any fight role,
the Fight Captain and/or Stage Manager will rehearse all Actors affected by the
cast change in the fight using actual performance props and weapons.
(G) After the official opening, the Fight Captain and Stage Manager must be
consulted before any changes are made in a fight routine.
(H) The Producer agrees to call the Fight Director or his/her designee when
requested to do so by the Fight Captain and/or Stage Manager.
(I) All rehearsals shall utilize tumbling mats. The Producer shall provide any
necessary protective clothing for rehearsal and/or performance. (See Rule
13(F).)
(J) Proper first-aid information and equipment (including ice-packs) shall be
made available at any rehearsal or performance site where stage
fighting/violence occurs. (See Rule 57(D)(12).)
(K) Firearms. Whenever firearms are used in a production, there shall be a
safety demonstration for the entire company conducted by a qualified individual,
prior to the first paid public performance or use of firearms in rehearsal,
whichever occurs first, which demonstration time shall be counted as rehearsal
time. Thereafter, safety demonstrations and/or instructions shall be required for
all affected replacement Actors as well as Swings and Understudies, before
their first paid public performance, which demonstration time shall be counted as
rehearsal time. Brush-up safety demonstrations and/or instructions shall be
required at least once each year, which demonstration time shall not be counted
as rehearsal time nor compensated but shall be in addition to rehearsal or
performance. Attendance at the yearly demonstration shall be mandatory. Any
and all modifications to firearms shall be done by a licensed gunsmith.
63. STAGE MANAGERS AND ASSISTANT STAGE MANAGERS.
(A) Stage Managers and Assistant Stage Managers shall be employed on Equity
contracts.
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(B) There shall be at least one Stage Manager (“SM”) for each production. The
SM shall be engaged at least one week before the beginning of rehearsal and
shall receive at least one week's contractual salary before rehearsals begin.
Weekly reports must be filed for the SM’s pre-production weeks. SM’s shall not
be permitted to act except in an emergency. Stage Managers shall not be
permitted to understudy.
(C) There shall be at least one Assistant Stage Manager (“ASM”) in each
production. The Stage Manager shall be consulted in the hiring of the Assistant
Stage Manager and the ASM/Understudy. On musical productions, the ASM
shall be engaged at least two days before the beginning of rehearsal and shall
receive at least two days’ rehearsal salary before rehearsals begin. On all other
productions the ASM shall be engaged at least one day before the beginning of
rehearsal and shall receive at least one day’s rehearsal salary before rehearsals
begin. Weekly reports must be filed for the ASM’s pre-production days.
(1) It is agreed the primary function of the Assistant Stage Manager is to
perform stage management duties, which are to monitor safety backstage
and on stage, to check presets and supervise scene changes, and to assist
and backup the Stage Manager. The Assistant Stage Manager may
participate as necessary in scene shifts (without additional compensation)
only to the extent that such participation does not interfere with the ASM’s
primary duties. The ASM in a non-musical production may also understudy up
to two roles provided it is so stipulated in his/her contract, and further
provided the ASM is not required to perform any Understudy duties, except in
an emergency, until two weeks after the official opening of the production. An
ASM in a musical production may not understudy.
(2) If an ASM is called upon to understudy, that ASM must receive no less
than the additional compensation as specified in Rule 69(A)(2).
(3) If an ASM/Understudy is to be engaged for performance weeks, a
freestanding ASM must be engaged during the rehearsal period, including
preproduction, through two weeks after the first paid public performance.
(4) An ASM who does not understudy must be employed if there are 12 or
more Actors in the cast.
(5) Where there is an announced limited run and where the Producer,
pursuant to Rule 69(A)(5), elects not to engage Understudies for up to six
weeks of performances, for such productions the required ASM may not be
engaged also as an Understudy.
(D) The SM or ASM shall not perform any stage managerial duties of any nature
for a Producer without a signed contract (after security has been properly posted
with Equity) and instructions from the Producer as to the work.
(1) The contractual compensation agreed upon between any SM or ASM and
the Producer shall be paid from the time the SM is first called.
(2) However, should the Producer require the Stage Manager to perform any
stage managerial duties in a production any time prior to the week before
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rehearsals begin, or require the ASM to perform any stage managerial duties
in a production any time prior to the week rehearsals begin, the Producer
shall pay the SM or ASM at the rate of no less than one-sixth of contractual
salary for each day of employment. In these cases no contract is required to
be signed, but the Producer must sign an agreement with the SM or ASM that
such pre-production work is required. This agreement must be filed with
Equity.
(3) When the SM or ASM is required to perform services in a production after
the production has closed, he/she shall be paid at the rate of no less than
one-sixth of contractual salary for each day of such employment.
(E) There will be at least a 12-hour rest between the end of work on one day and
the beginning of work on the following day. Any violation of the rest break will
be compensated at the Actor's overtime rate. (For exceptions, see Rules
52(E)(3)and Rule 56(A).)
(F) Stage Manager Booth. (See Rule 57(D)(9)).
(G) Should a SM and/or ASM, during the time he/she is under contract for an
Off-Broadway production, be called upon by the Producer or the Producer’s
designee to perform additional services, including but not limited to rehearsal of
principals, understudies and/ or replacements for any other productions or any
other version of that production, (excluding an Off-Broadway transfer), the Stage
Manager and the Producer (or the Producer's designee) shall negotiate an
additional compensation for such additional services in an amount which shall
be not less than $50 per day.
(H) Should a SM or ASM not otherwise under contract go, at the request of the
Producer or Producer’s designee, to another theatre to learn or teach a show,
the SM or ASM shall be placed on a daily contract at no less than 1/6th of the
appropriate minimum salary. Should employment continue for three or more
days, the Producer will also remit no less than one week’s health contribution at
the appropriate rate. Should the assignment at said other theatre be beyond
commuting distance, the Producer will provide transportation and housing at no
cost to the SM and shall pay the appropriate Federal food per diem rate for that
location for each day the stage manager is away from place of residence.
(I) It is understood that a legible and accurate annotated production script is the
sole property of the Producer. However, a member of the Stage Management
staff will not be required to prepare any production script specifically for
publication purposes. In the event that the Producer does request a member of
the Stage Management staff to prepare or alter a script so that it is appropriate
for publication or for use in any other version of the production, the member of
the Stage Management staff may agree provided that he/she is paid no less
than $250 for such preparation. No payment shall be due any Stage Manager
for simply duplicating/copying any script.
(J) The Stage Manager or Assistant Stage Manager shall be present in the
rehearsal area and during all performances except in an emergency. The Stage
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Manager's or Assistant Stage Manager's duties shall not be performed by
anyone other than a Stage Manager or Assistant Stage Manager respectively,
under an Equity contract.
(K) Work Conditions for Stage Managers and Assistant Stage Managers. It is
agreed that the Stage Manager's function is a full-time one. The Stage Manager
must not be required to function in areas which impinge upon his/her primary
duties as a Stage Manager. The following are not Stage Manager duties and
members of the stage management staff are prohibited from:
(1) Handling contracts, having riders signed or initialed, or from fulfilling any
other function which normally comes under the duties of the General Manager
or Company Manager (which shall not preclude delivery of a sealed envelope
addressed to the individual Actor).
(2) Signing the closing notice of the Company or the individual notice of
termination of an Actor's contract (which shall not preclude posting of any
closing notice and other permanent company notices).
(3) Making of payments or any distribution of salaries.
(4) Doing janitorial, custodial or building maintenance work as part of their
Stage Managerial duties including securing and locking the theatre following
performances or technical rehearsals.
(5) Maintaining lighting, sound or video equipment.
(L) Tech Week Compensation. For the tech week of each production, the Stage
Manager and Assistant Stage Manager shall be paid, in addition to contractual
salary, not less than 1/6th of contractual salary, with method of payment to be
stated in a rider to the Contract. This increment shall be paid in addition to any
penalty or overtime due during the tech week.
(M)Overtime. After the official opening, or eight weeks after the date of first
rehearsal, whichever comes first, the SM and/or ASM shall be permitted to
rehearse no more than 15 hours per week without additional compensation.
After 15 hours, the applicable overtime rate shall be paid for each additional
rehearsal hour or part thereof.
(N) In the event that for any performance the SM is not present at the theatre in
his capacity as SM and no temporary replacement SM is hired, the ASM shall
receive not less than the minimum salary for Stage Manager.
(O) In the event a replacement Stage Manager is hired (including vacation
cover), the replacement must be engaged for a one-time minimum training
period of three performances. The replacement shall be paid no less than oneeighth of rehearsal salary for each performance of training. Training shall be
defined as learning during performances or rehearsals to call the show or run
the deck.
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64. TELEVISING, RECORDING AND MOTION PICTURE.
(A) Televising, Recording and Filming. (See also Rule 42(B)(4), NUDITY.)
Except as expressly permitted otherwise in this Agreement, there shall be no
televising, broadcasting, visual and/or sound recording, motion picture filming, or
video taping, in whole or in part, of any production (including any element of the
production over which the Producer has the right, or reasonably should have
had the right, to withhold consent to the use of said element) in which Actors are
employed under the terms of this agreement without the express permission of
Equity and under terms and conditions established by it. Such permission will
not be withheld unreasonably. This prohibition shall be in effect from the
beginning of employment until 19 weeks after the production has closed.
(1) Application for permission for televising, broadcasting, visual and/or sound
recording, motion picture filming, or video taping must be received by Equity
at least 30 days in advance unless special circumstances do not permit such
notices.
(2) The above notwithstanding, Producer has the right to video tape and/or
record an audio tape of portion of a rehearsal or performance for the
purposes of studying complex aspects of the production, to be mutually
agreed upon by Equity and the Producer, by Stage Mangers and creative
personnel, (i.e. designers, choreographers, etc.) Such tape is not to be used
as an instructional tool nor to be shown to the Actors (except Stage
Managers).
(3) If a dispute between Equity and the Producer arises under this paragraph,
it shall be subject to the Expeditious Grievance and Expeditious Arbitration
procedures set forth in Rule 3.
(B) Cast Albums. Notwithstanding paragraph (A) above, cast albums may be
made under the provisions of the Off Broadway Original Cast Album Rider.
(1) For pressings of 10,000 albums or fewer, the Producer agrees that any
Actor who sings or verbalizes in the production in any number, plus the Stage
Manager, shall be employed on the appropriate AFTRA contract for the
recording of said album and shall receive not less than one week’s
contractual salary, the applicable AFTRA rate or the prevailing Off-Broadway
“E” Minimum, whichever is higher, for each day or part thereof so employed,
except as provided in paragraph 64(B)(5) below.
(a) Should subsequent pressings cause the total number of albums to
exceed 10,000, Actors shall be paid retroactively under the terms of
64(B)(2) below.
(b) If such cast album is made available for sale by download via the
internet (i.e. I-Tunes, Yahoo, Real Networks, etc.), the following shall apply:
(1) Each download of a full album shall count toward the number of
pressings.
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(2) Each download of twenty single songs, including each song in a
download of multiple singles, shall count as a full album toward the
number of pressings.
(3) If the cast album was produced under the terms of 64(B)(1) above
and subsequent downloads cause the number of pressings to exceed
10,000 albums, Actors shall be paid retroactively under the terms of
64(B)(2) below.
(2) For pressings of more than 10,000 albums, the Producer agrees that any
Actor who sings or verbalizes in the production in any number, plus the Stage
Manager, shall be employed on the appropriate AFTRA contract for the
recording of said album and shall receive not less than one week's
contractual salary, the applicable AFTRA rate or the prevailing Production
Contract Minimum, whichever is higher, for each day or part thereof so
employed, except as provided in paragraph 64(B)(5) below.
(3) Such cast album shall accord credit to each Actor appearing in the
production at the time the recording is made, whether or not the Actor
performs on the recording.
(4) If an Actor works more than eight hours in a day, the Actor shall be paid
an additional one-eighth of contractual salary up to a cap of 250% of
Production Contract or Off-Broadway “E” minimum, whichever is applicable,
for each hour or part thereof.
(5) In the event the Producer wishes to schedule half-day recording sessions
after the first day of recording and pro-rate payments for said half-day
sessions, the Actor shall receive not less than one-half of the Actor’s weekly
salary, up to a cap of 250% of the Production Contract minimum salary or the
Off-Broadway “E” minimum, whichever is applicable, or the AFTRA rate,
whichever is higher, for each day that the Actor is employed for four hours or
less, and each Actor shall receive a pro-rata share of 20% of all monies
derived by the Producer from the exploitation of the album. (Note: In the
event the Producer does not elect this pro-ration formula, the Actors will share
in the standard 15% of monies derived by the Producer. Terms for Actor
participation in the Producer’s 15%/20% are identified in the Off-Broadway
Cast Album Rider.)
(6) Producer shall give the Actor and Equity not less than 72 hours’ notice
(inclusive of at least two business days) prior to such recording when the
Actor’s services will be required.
(7) The Producer shall have the right to use, and permit others to use, the
Actor's name, likeness, and biographical material for advertising and purposes
of trade in connection with the sale and exploitation of the recording made
pursuant to this Agreement. The Producer shall not use or authorize an
endorsement by the Actor of any recording or performance or other production
without the Actor's prior written consent.
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(8) The Actor agrees that after the recording has been made, for a period of
five years, Actor will not record such musical compositions from the play
recorded by the Actor for any other recording company without first having
obtained the Producer's written consent.
(9) Upon the request of the Producer, the Actor shall enter into the appropriate
AFTRA contract to record the cast album with the recording company
designated by the Producer provided that the terms of said contract shall be
subject to the terms of the Cast Album Rider and shall not, in any way, be
inconsistent therewith or be less advantageous to the Actor. Such contract
shall in no way release the Producer from Producer's obligation to the Actor.
However, the Producer shall not be required to provide double payments in any
form, whether wages, pension and health contributions or otherwise, under the
cast album provision of Rule 64(B) in the Off-Broadway Contract.
(10) Should the Actor's contract and/or employment in the play be terminated
before the recording is made, the Producer may offer cast album employment
to either the current replacement Actor or the original Actor pursuant to the
terms set forth in this rider. Whichever Actor is not employed for the recording
shall be paid not less than one-eighth of the Actor's contractual salary.
Although payments to Actors per Paragraph 64(B)(1) or 64(B)(2) shall not be
required if the play closes and the recording has not taken place, pursuant to
Rule 64, TELEVISING, RECORDING AND MOTION PICTURE, Equity will
maintain jurisdiction over all recordings until 19 weeks after the production has
closed.
(11) If, during the recording of a cast album, one or more singers who are not
members of the Equity cast are engaged, then Swing singers and
Understudies assigned to singing parts who are not engaged to record the
cast album shall share equally in an amount equal to the average contractual
salary of said Swings and Understudies multiplied by the number of
employment days of such supplementary singers.
(12) For cast album recordings only, there shall be not less than a 10-hour
rest period between an evening performance and a morning recording call.
There shall be a break of one and one-half hours (one hour if a meal is
provided) between the recording session and rehearsals or performances
scheduled under the Equity Agreement. Recording sessions may not be
scheduled on two performance days. Application of this rule may not reduce
breaks or rest periods required by the AFTRA contract.
(13) Copies of any and all statements and accountings pursuant to the
agreement between the Producer of the Play and the Producer(s) of the
recording or any other agreement requiring the submission of such statements
and accounting in connection with the album shall be furnished to Equity no
later than thirty days after receipt by Producer.
(14) The Producer agrees to supply Equity with royalty statements on the cast
album every six months or notice that no royalties are due.
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(C) Commercials:
Commercials.
TV,
Radio
Spot,
In-Flight,
or
Theatrical
Exhibition
(1) Equity will permit the Actor to make a television or radio spot commercial
or a commercial for In-Flight or theatrical use of three minutes or less duration
promoting the theatre or production provided the Actor is signed to the
applicable SAG or AFTRA Contract. If a television or other commercial is
made from still photographs of persons in the cast, each Actor contained
within the photograph, whether recognizable or not, shall be signed to the
proper SAG or AFTRA Contract. When a Stage Manager, Dance Captain, or
other Actor is required to do any work other than performance in connection
with a television or radio commercial, or a commercial for In-Flight or
theatrical use, the Producer shall pay said Actor not less than the applicable
SAG or AFTRA Off-Camera Principal minimum (including Off-Camera
residuals) in addition to payments required if Actor also performs. All terms of
the SAG/AFTRA Contract will be applicable to all commercial use identified
herein in paragraph 64(C)(1) except as identified in paragraphs (C)(2), (3) &
(4) below.
(2) New York.
(a) Producer shall pay the applicable AFTRA/SAG session and/or use fee
to each Actor used in the commercial. The Producer shall be permitted to
make any number of commercials from the same footage shot during the
same session using the same Actor. In such event, no additional session or
use fee shall be due except as indicated below.
If Producer uses an Actor in one commercial in a lesser payment category
and then uses the Actor in a subsequent commercial in a higher category,
Producer will pay to the Actor the difference in the session fee as well as
any adjustment in the use fee as may be required under the AFTRA/SAG
Agreement.
(b) No holding fee payment shall be required.
(c) The applicable AFTRA/SAG wildspot fee shall be paid when due under
the AFTRA/SAG Agreement (less the session fee where appropriate as per
AFTRA/SAG Agreement).
(3) Cable.
(a) The current SAG/AFTRA Cable Experimental Agreement, which has
been extended from March 31, 1997, shall apply until such time as
thereafter extended.
(b) If, during the term of this Agreement, AFTRA/SAG adopt terms and
conditions involving cable that are different from current terms and
conditions, then, in such event, said different terms and conditions shall
apply to this Agreement.
(4) Stars. Producer may create new footage at a regularly scheduled
performance for the exclusive purpose of incorporating new stars into a pre-
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existing commercial provided all Actors seen in the newly incorporated
footage are paid pursuant to the terms and conditions contained herein.
Payment shall be due Actors in the new-star commercial only if they have not
been paid for the pre-existing commercial or if they are now in a higher
payment category.
(5) Notice. There must be at least 24 hours’ notice to the Actors and Equity
prior to any taping or filming for a commercial.
(6) Session Fee. Except as identified above in paragraphs 64(C)(2) & (3),
when a commercial is taped or filmed, every Actor called shall be paid not
less than the applicable AFTRA/SAG session fee in addition to any use fees
which may be applicable. If the commercial is taped or filmed during a
performance, those Actors performing during that performance, including
Stage Managers who are performing their functions for that performance, will
be paid the applicable AFTRA/SAG session fee in addition to any use fees
which may be applicable, pursuant to the applicable AFTRA/SAG Contract.
(7) Newscast Footage. Under no circumstances may footage taken pursuant
to paragraph (D) below be used to produce a commercial without Equity’s
prior written consent which will not be unreasonably withheld or delayed. In
the event the Producer violates this provision, each Actor present at the call
when the footage was taped/filmed shall be paid double the applicable
AFTRA/SAG session fee in addition to any use fees which may be applicable,
pursuant to the applicable AFTRA/SAG Contract.
(D) Television Newscast, Three-Minute Excerpt. A film or video tape may be
taken of the production only for the exclusive use on a Television newscast
review of the production or a featured story on the production contained within
the Television news program (except as provided below in Paragraph (4), TALK
SHOWS) only under the following conditions:
(1) During a Rehearsal.
(a) Filming or taping and interview session shall not exceed one-half hour of
the rehearsal.
(b) The Stage Manager shall file a report with Equity giving the time utilized
for the filming or taping and interview session. Said report shall be initialed
by the Deputy.
(c) Upon contemplation of filming or taping during a rehearsal the Producer
shall make every reasonable effort to:
(1) Give the cast 24 hours' notice.
(2) Schedule only three filming or taping sessions and all stations must
do their filming or taping within those three times.
(3) If the time of the filming or taping is changed, the Producer shall
notify the cast of such change and of the re-scheduled time.
(2) At a Performance.
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(a) Filming and taping may be for only one-half hour of footage.
(b) If possible, the cast must be given 24 hours' notice.
(c) When cameras are going to film or tape, cast must be given notice at
the half-hour call.
(d) There shall be no filming or taping where there is any interference with
the Actors or audience such as the requirement for additional lighting or the
movement of machinery.
(3) Length. No more than three minutes of any film or taped portion of the
performance or rehearsal shall be shown on the Television news broadcast.
Such three-minute film or tape must not contain an entire self-contained
number or scene.
(4) Talk Shows. Promotional clips may also be used on entertainment
programs subject to the following terms and conditions:
(a) The clips (not more than two on any one program) must be used as part
of a bona fide interview in which the production is being promoted.
(b) The total amount of usage of Equity show clips on a program cannot
exceed two minutes. Furthermore, a clip cannot contain all or substantially
all of a musical number.
(c) All performers seen and/or heard on a clip must have given written
consent to the above-described promotional use.
(d) Clip usage is restricted to currently running productions only.
(5) Payment. No payment shall be required provided no payments are made
to any other personnel employed in the production.
(6) Stage Manager Required. A Stage Manager under Equity Contract is
required at every filming or taping under this paragraph (D).
(7) Violation. For any violation of paragraph (D), other than violations of
unauthorized subsequent uses of the film or tape, the Producer shall pay one
week's contractual salary to each Actor whose rights have been breached
hereunder. Such payments shall not preclude any right in law or equity, civil,
or criminal, that arise under a breach of paragraph (D), which the Actor has
against the Producer or any third party.
(E) Advance News Rule Taping. The Producer may shoot advance news rule
footage, provided that Producer adheres strictly to all the terms and conditions
of Rule 64(D), in order to be able to supply publicity footage to television
stations which cannot, for whatever reason, supply their own crews to take such
footage. The Producer will advise all media to whom the footage is supplied of
the terms and conditions outlined in the Off-Broadway Contract under which the
airing of such footage is governed. The Producer will be limited to one such
taping per year and remains liable for any claims resulting from any misuse of
such footage.
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(F) Notice to Broadcast Media and Press Agents. The Press Agent for the
production will send to all broadcast media through which the Press Agent
intends to promote the show a letter outlining the provisions of the contract
which govern the use and/or reuse of any tape or recording of productions under
the Off-Broadway Contract. The League agrees to send, once per year, to all
ATPAM press agents a letter outlining the provisions of the contract which
govern the use and/or reuse of any tape or recording of productions under the
Off-Broadway Contract and advising them of their obligation to notify the media.
The League further agrees to advise by letter any other broadcast media who
request permission to do such taping or recording, or to use existing tape or
recordings, of those contract provisions. Failure to comply with those provisions
may subject the Producer to penalties as outlined in Rule 64(C)(7). The League
will copy Equity on all pro forma letters, indicating the parties contacted,
pursuant to this Agreement.
(G) Other Promotional Uses. The League and Actors’ Equity acknowledge that
consistent and varied promotion and advertising of theatrical productions will
promote long term employment for all performers employed in legitimate theater
productions and that the recording of the material and uses contemplated by this
provision are intended to achieve this objective.
(1) B-Roll Footage--No Payment Required (Exceptions Noted). The right to
use B-Roll footage for use on television newscasts, soft news programs and
talk shows shall continue without additional compensation provided such
footage is created (as set forth in paragraph (2)) and used in accordance with
the terms and conditions set forth in Rule 64(D). The approved venues for
other promotional uses of B-Roll footage in accordance with Rule 64(D) and
without additional compensation are identified below.
(a) Press Reels: Producer can use clips of up to a total of three minutes of
performance and/or rehearsal footage (of which no continuous sequence
shall exceed 30 seconds) for each production included on the Press Reel.
(b) Web Sites: Up to a total of five minutes of rehearsal and/or performance
footage (of which no continuous sequence shall exceed one minute) may
be used either in a directory or multiple Broadway show format (i.e., “I Love
New York” format) or by an individual Producer on behalf of a particular
show or group of shows. Neither merchandise promotion nor ticket sale
information shall be presented on the same “page” as the foregoing, but
may be presented on a separate “page”. However, the page containing BRoll may indicate how to get to the page which does have information about
merchandise or tickets. It is also understood that there may be no
promotion of any other product(s) on the “page” where the B-Roll footage
will be seen without Equity’s prior written consent. If voice-over or other live
Actor work performance is required in addition to the permitted performance
footage, the applicable AFTRA/SAG Agreements shall apply to such voiceover or other work.
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(c) News and Current Affairs Programs: Producer can use clips for up to
three minutes in total time on each such show. (See Rule 64(D).)
(d) Entertainment Talk Shows: Producer can use clips for up to two minutes
as part of an interview provided performers have given written consent.
(See Rule 64(D)(4).)
(e) Clip Use of Other Productions on TV News Shows: Producer can use
clips of performers in other productions on news specials not to exceed
three minutes in length. (See Rule 64(D).)
(2) Use of B-Roll Footage (Including Documentary and News Footage)-Payment Required. Except as otherwise provided in this Paragraph (2), the
Producer may use footage from any B-roll, documentaries (produced after
November 3, 1997, provided Actor has given consent to such use) or news
footage for purposes of promoting the theatrical production for a single
AFTRA/SAG fee to each Actor appearing in such footage in the following
venues:
(a) Educational Videos: Up to a total of 15 minutes of rehearsal and/or
performance footage from a show provided no number or scene is shown in
its entirety.
(b) Tour Bus Videos: Up to a total of 15 minutes of rehearsal and/or
performance footage from a show provided no number or scene is shown in
its entirety.
(c) Sales Kiosk Videos, In-Store Videos or Lobby Loops: Up to a total of six
minutes of rehearsal and/or performance footage from a show provided no
number or scene is shown in its entirety.
(d) Group Sales Video: Up to a total of eight minutes of rehearsal and/or
performance footage from a show provided no number or scene is shown in
its entirety.
(e) Corporate Videos: Up to a total of eight minutes of rehearsal and /or
performance footage from a show provided no number or scene is shown in
its entirety.
(f) Movie Trailers and Video Billboards: Up to a total of three minutes of
rehearsal and/or performance footage from a show provided no number or
scene is shown in its entirety.
(g) In-flight Video and In-house Hotel Video: Up to a total of eight minutes of
rehearsal and/or performance footage from a show provided no number or
scene is shown in its entirety. In-flight video or in-house hotel video may
either be presented as a multiple show directory or on an individual show or
multiple show basis so long as it is presented along with either soft news,
cultural or tourist information.
(h) Music Video and Infomercial - applicable AFTRA/SAG rates. With
respect to infomercials, up to a total of 15 minutes of rehearsal and/or
performance footage from a show.
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Footage from commercials may be used for any or all of the above upon
payment of the applicable AFTRA/SAG fee for such use.
Actors’ Equity shall not apply any additional fees for the above uses provided
the Producer fully complies with all of the terms and conditions set forth herein.
The above permitted uses shall not include the sale of videos or the
endorsement of any commercial products.
The recording of B-roll footage may take place pursuant to this Rule 66 and in
accordance with this paragraph without additional compensation, during a
scheduled rehearsal, dress-rehearsal or performance. It is understood and
agreed, however, that enhanced lighting and multiple takes may occur during
such rehearsal, dress rehearsal or performance provided that in the event an
excessive number of takes transform the rehearsal into a “session,” then the
applicable AFTRA/SAG session fee shall be due every Actor at the call.
Further, in the event that particular Actors are requested to come in early or
stay later for retakes or special shots, such Actors shall likewise be paid the
applicable AFTRA/SAG session fee(s) that may be due.
(H) Documentary.
(1) The producer shall have the right to make a television documentary,
including unlimited exhibition throughout the world on all television and for the
period defined in the AFTRA/SAG Agreement. This permission is conditioned
on payment of not less than the applicable AFTRA/SAG rates and provided
no more than 21 minutes of combined rehearsal/performance footage is used.
“Performance footage” and/or rehearsal shall mean footage acquired from
B-roll, documentaries (produced after November 3, 1997, provided Actor
has given consent to such use) or news footage with no individual clip
exceeding three minutes in duration. For the purposes of clarity, “nonperformance footage” involving Actors in non-performance activities (such
as interviews, costume fittings and other elements where the performer is
not performing whether in rehearsal or on stage) shall not be included in the
calculation of running time. Furthermore, this provision is conditioned on
the proviso that if work additional to Actor’s normal duties in rehearsing or
performing for the stage production is required of the Actor to accommodate
the recording, the Actor will be paid the appropriate Equity hourly rehearsal
overtime rates for such additional work plus any fees which may be
required by AFTRA or SAG. It is agreed that Producer must obtain Equity’s
consent to shoot more than a total of three days of rehearsal and/or
performance. Equity agrees that it shall not unreasonably withhold its
consent to such additional shooting.
(2) Clip Use in Other Documentaries. The Producer can use clips of
performers from one or more productions in a different documentary with an
aggregate limit of an average of three minutes “performance and/or
rehearsal” clips per half-hour provided that the Actors seen are paid no less
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than the applicable AFTRA/SAG rate in accordance with the formulas
identified above.
All Actors (including Stage Managers) shall receive billing at the end of any
broadcast of the documentary created hereunder.
(I) Session Fees. Producer shall not be required to pay a session fee to any
Actor who is not called to be present at the theater or rehearsal space when
filming or taping is taking place. Stage Managers shall be paid the off-camera
Principal rate unless they are seen, in which case they shall be paid not less
than the on-camera Principal rate.
(J) Payment for Live Television Promotional Appearances. Whenever an Actor
appears in costume on a news, talk or entertainment show, said Actor shall be
paid not less than one-eighth of the Actor’s contractual salary up to a cap of
250% of weekly minimum salary plus the applicable AFTRA/SAG rate If a
Stage Manager is required by Producer to be in attendance at the appearance
or a rehearsal for said appearance, he shall also receive payments as outlined
in this clause. If the Stage Manager is not called to the appearance or a
rehearsal for same, but does work in preparation for or restoration after the
appearance, the Stage Manager will be paid at the overtime rate for each hour
of such work, up to a maximum of three hours.
(K) Use of Footage After Expiration Date of Contract. Any footage produced
under Rule 64 shall continue to be governed by the terms of this Agreement
without regard to the expiration of this Agreement and without regard to the
amendment of this Agreement except to the extent that such amendment shall
so provide.
65. TERM OF EMPLOYMENT.
(A) The Producer guarantees the Actor two consecutive weeks of employment in
addition to any rehearsal time. A notice of company closing will reduce the
minimum performance guarantee to one week of employment for replacement
Actors provided the replacement Actor is notified by contract rider that the
production is in jeopardy of closing.
(1) Where paid previews are given immediately preceding the official opening
performance; that is, where there are no intervening days of rehearsal, the
Producer, if the Company shall close within two weeks of said opening, may
claim the pro-rata salaries paid to the Actors for said previews as a credit and
off-set against the minimum guarantee provided for in the Contract of
Employment.
(2) Any sums paid to the Actor for rehearsals, whether at a full salary or as
Rehearsal Salary, or any sums paid to the Actor for previews not immediately
preceding the opening performance shall not be a credit against the minimum
guarantee specified in the Contract.
(B) An Actor replacing another Actor on short-term employment notice shall be
guaranteed at least one week's employment with a minimum of one weeks'
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health contribution plus one-sixth of rehearsal pay for each day or fraction
thereof the Actor is called upon to rehearse except as provided in Rule 32(H)
and Rule 39(A)(3).
(C) In the event the Actor gives notice whether for short or long-term
employment or to terminate Actor's individual employment contract and the
termination becomes effective one week before the production closes, then the
replacement Actor shall be guaranteed at least one week's employment with a
minimum of one week's health contribution. (See also Rule 32, ILLNESS AND
LEAVES and Rule 72, VACATIONS.)
66. TERM RIDER (See Also Rules 39(A) and 39(B))
Provided the Actor is contracted to receive the applicable Term minimum salary
stipulated in Rule 58 SALARIES, a limited Term rider may be signed and affixed to
contracts which provides that neither party may give individual notice for a period up to
thirteen weeks or twenty-six weeks. If there are five or more performances in the week
containing the first paid public performance, said Term shall commence with that week.
If there are fewer than five performances in the week containing the first paid public
performance, said Term shall commence with the following week. At least four weeks
before the expiration of the rider, the Producer shall notify the Actor of the Producer's
intention to renew or not to renew the rider under the same or better terms, or to offer
the Actor a Standard Minimum Contract under terms and conditions to be negotiated.
The Producer may require the Actor to respond, in writing, by hand delivery, telegram or
Fax (return receipt requested), within 72 hours of Actor's receipt of said offer. The cost
of said telegram or Fax shall be reimbursed by the Producer. If a Standard Minimum
Contract is executed, then the Actor may not be terminated except for Just Cause,
notwithstanding the provision of Rule 67(E)(7). Should the Actor and Producer fail to
agree upon a renewal or on such terms and conditions for a Standard Minimum
Contract, then employment will terminate on the expiration date of the rider.
67. TERMINATION (See also Rule 39, MORE REMUNERATIVE EMPLOYMENT and
Rule 54, REPLACEMENT OF ACTOR.)
(A) It is the essence of all employment contracts that all notices thereunder,
company and individual, must be in writing. Copies of all notices must be filed
with, faxed or mailed to Equity forthwith by the party (Actor or Producer) giving
notice. Full power is reserved to the Council of Equity to grant relief from this
Rule where, in its opinion, the person or persons to whom notice is given has
not or have not been misled or injured.
(B) All notices to the Producer may be given to the Producer personally, or the
Company Manager in writing. Notice to the Actor must be given to the Actor
personally in writing unless the Producer has procured the address of the Actor
in which case, unless otherwise provided, (see Rule 32(A)), it may be given by
mail or telegram. All communications which refer to the company in general
shall be posted upon the Call Board.
(C) Before or During Rehearsal (Standard Minimum Contracts).
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(1) The Actor may terminate without penalty at any time prior to two weeks
before the designated date of rehearsal on the Actor's contract.
(2) If the Actor gives notice of termination within two weeks of the designated
rehearsal date, the Actor must pay the Producer a sum equal to two weeks'
compensation.
(3) The Off-Broadway contract may be terminated by the Producer before the
first paid public performance by giving written notice to the Actor and paying
the Actor forthwith a sum equal to two weeks’ compensation, plus Rehearsal
Salary due.
(4) The Actor may terminate the contract after rehearsals begin and before
the first paid public performance only with Equity's consent and only by giving
written notice and paying to the Producer forthwith a sum equal to two weeks'
compensation.
(5) No Actor shall give notice of any kind, to be effective either during the final
seven days of the regular permissible rehearsal period including the first paid
public performance or during any of the seven days prior to the official
opening night, including the official opening night. If an official opening night
has not been scheduled as of eight weeks after the first day of rehearsal, this
provision shall not apply with respect to terminations during performances
prior to the official opening.
(D) Individual Termination After First Paid Public Performance. Either party may
terminate the contract at any time on or after the date of the first paid public
performance of the play by giving the other party two weeks’ written notice,
except as noted in (C)(5) above and (E) below. However, Actor's contract may
include a longer notice period of up to four weeks and, if so, the notice period
stated in the Actor's contract shall apply. Such longer notice provision in a
Standard Minimum Contract shall not require additional payment under Rule 66,
TERM RIDER.
(E) Just Cause. No Actor engaged under a Standard Minimum Contract may be
terminated except for just cause. (See Rule 54(C) for provisions relating to
inability of the Actor to perform.)
(1) Where it is alleged that the Actor is not performing as required, notice of
termination may be served only if the following procedures have been
observed:
(a) The Actor must have received prior written warning alleging failures to
perform as required, which warning must also be served upon Equity.
(b) Such written warning may be in the form of "notes" which are reduced to
writing.
(c) The written warning (which may be or include "notes") shall be over the
signature of the Producer, Director, Choreographer, Musical Director, or
other person with authority to terminate employment.
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(2) The notice of termination may not be served unless the Producer,
Director, Choreographer, Musical Director, or other person with authority to
terminate employment has seen the Actor in performance (in the case of
understudies, in rehearsal or performance of the part(s) understudied) within
one week prior to the date of the notice of termination.
(3) In the case of an understudy, either or both of the above notices may be
based upon the Actor's work in understudy rehearsal rather than in actual
performance.
(4) Following the service of the notice of termination the Actor, together with
Equity, may demand a meeting with the Producer, or Producer's
representative, for the purpose of reviewing the matter of the Actor's alleged
failure to perform as required. Such meeting shall be held as promptly as
possible after the notice of termination is given, but in no event later than one
week after demand for such meeting is made. Each party may be
accompanied by such other appropriate persons as it desires.
(5) In the event the matter is not satisfactorily resolved, it may be submitted
by either party to Grievance and Arbitration in accordance with Rule 3.
(6) Should an arbitrator determine that the termination was without just cause,
Arbitrator shall provide a remedy in accordance with the following: Damages
limited to one week's contractual salary, up to Production Contract minimum
per week, for each five weeks of employment under an Off-Broadway
Contract up to a maximum payment of 15 weeks' contractual salary (based on
salary at the time of termination). In no event shall damages be less than two
weeks' contractual salary.
(7) This rule shall be applicable commencing four weeks after the first paid
public performance of the play or four weeks after an individual Actor's first
paid public performance. The Rule shall be applicable to Understudies and
Swings engaged after the first paid public performance of the play
commencing five weeks after date of first employment.
(F) Effect of Company Notice. Where a company is closed in accordance with
or after notice of closing to the entire company, such notice of closing shall
supersede any individual notice then outstanding.
(G) Company Closing Notice. The Producer may close the company upon one
week's written notice, or upon payment of one week's contractual salary in lieu
thereof, provided the Producer has paid the Actor for all services rendered to
date and in no event less than two weeks' contractual salary, plus rehearsal pay.
(1) One week's notice shall mean eight performances on no more than seven
days commencing with the first performance following the posting of the
notice.
(2) Should the Producer wish to continue the production rather than close on
the date specified in the notice, prior to that date the Producer shall submit a
statement to the effect that the notice is rescinded and that the Actors'
95
contracts continue to remain in effect. This statement shall be signed by the
Producer and by each of the Actors who wish to continue in the production.
(H) Payment When Actor is Not Allowed to Work Out Notice. If the Actor is not
allowed or required to work out any notice properly given under the Actor's
contract, the Actor shall be paid immediately upon the giving of notice and the
Actor may forthwith accept other employment.
(I) Rights After Giving Notice When Actor Secures New Engagement. Should
either party give the other any notice permitted under the contract, which notice
terminates the same at any future date, and should the Actor have or secure a
new engagement, the Actor shall be permitted to attend rehearsals under the
new engagement as may be necessary and as do not conflict with the Actor's
performance under the Actor's then existing contract.
68. TRANSFERS AND CO-PRODUCTIONS.
If an Off-Broadway production (i) was previously produced at one or more LORT
theatres, the last of which closed within 6 weeks of the first rehearsal of the OffBroadway production, and (ii) the Off-Broadway rehearsal period is less than 14 days
(including days off), then the following will apply:
(A) All accumulated sick days will carry forward to the Off-Broadway production.
(B) All weeks of employment from the first day of rehearsal at the first theatre in
the transfer shall accumulate toward vacation pay. Should the production
transfer between or among LORT theatres prior to transferring to the OffBroadway contract, any accrued vacation pay which is due the Actor under the
LORT vacation rule will be paid out prior to the transfer to Off-Broadway. Any
accrued vacation that is not paid out will carry over to the Off-Broadway contract
with the formula of one vacation day for every eight weeks of employment.
Vacation eligibility under the Off-Broadway contract (including any days carried
forward from the LORT transfer) will require 25 weeks of employment under the
Off-Broadway contract.
(C) Should an Actor be required by the Off-Broadway theatre to travel to another
theatre in the transfer, said Actor shall be provided transportation, single
occupancy housing at no cost to the Actor and the appropriate Federal food per
diem rate for that location for each day away from place of residence.
(D) Should the Actor's only day off in a Monday to Sunday week be used as a
travel day, the Actor shall receive one-sixth (1/6) of his weekly contractual
salary.
(E) Termination.
(1) The “Just Cause” provisions (Rule 67(E)) shall be satisfied by the Actor’s
engagement at the first Theatre and shall remain in force until the Actor’s
employment is terminated on the date set forth at the last Theatre in the
Transfer.
96
(2) Should the Actor terminate his contract prior to the engagement at the OffBroadway theatre, the Actor shall give no less than four weeks notice to the
Off-Broadway theatre.
69. UNDERSTUDIES.
(A) Except as provided in paragraph (5) below, in an Off-Broadway production,
all parts and/or roles except star roles, "bit" parts, and one-person shows, shall
be covered by an understudy. Equity shall have sole authority to determine
whether an understudy is needed for a star part.
(1) Understudies shall be contracted no later than two weeks after the first
public performance. Understudy parts and/or roles assigned to Principals or
Chorus must be so assigned on the original contract or with new contracts or
riders with appropriate salary adjustments. (See also Rule 15(B), Hiring As
Cast and Rule 39(A)(3), MORE REMUNERATIVE EMPLOYMENT.)
(2) If any performing member of the cast, including the ASM, understudies a
Principal part or a role, the Actor shall receive either:
(a) No less than $30.00 per week in addition to the Actor's own salary for
each Actor understudied, or
(b) No less than one-eighth of the Actor's own salary each time the Actor
performs the role or a portion thereof of the Actor understudied.
(3) Understudies who are not performing members of the cast are not
required to receive any additional compensation above minimum unless
engaged as Understudy for five roles. In such case, the Understudy shall
receive not less than $30.00 per week for the fifth role covered.
(4) The term "part" shall mean each character, specialty, or function for which
the Actor is responsible. The term "role" shall mean the sum of the parts,
specialties, functions, and assignments for which an Actor is responsible.
(5) In announced limited runs, Understudies shall not be required for the first
six weeks of performance provided however that the required ASM engaged
for the production shall not also be engaged as an Understudy.
(B) Understudy to Chorus Playing a Part. If a member of the Chorus
understudies a part or specialty, as defined in Rule 11(A), performed by another
member of the Chorus, the Chorus Actor shall be paid no less than $7.50 per
week in addition to the Chorus Actor's own contractual salary for each member
of the Chorus so understudied.
(C) Understudies shall be present at each performance unless the Producer
otherwise consents. Understudies not required to be present at the theatre at
the time of performance shall be permitted to rehearse not more than an
additional three hours in a week (for a total of 15 hours) for the purpose of
rehearsing an Actor who is going into the show as a replacement. In the event
the understudy is called upon to perform, the Producer may not require the
aforesaid additional three hours rehearsal in that week. (See also Rule 63(M).)
97
(D) No Understudy shall be required to perform until one week after the Actor is
engaged as Understudy or assigned as Understudy, has the Actor's script
and/or music for one week and has at least one rehearsal in the role which they
will be performing. The Understudy shall read the part or may perform if able
and willing. The Producer shall use the Producer's best efforts to provide
Understudies with script and music as soon as possible.
(E) All Understudies to Principal Actors shall be listed in the program by name
and role understudied. The listing shall be automatic unless the Understudy
requests in writing, on a form supplied by Equity for that purpose, that it not be.
Copies of such requests shall be sent to Producer and Equity. (See also RULE
5(E)(2).)
(F) Understudies shall be in only one company at a time.
(G) Limitation of Understudy Roles. In no event shall a performing Actor be
permitted to understudy more than three Principal roles. A General Understudy
may understudy not more than five Principal roles. If the required Assistant
Stage Manager is also an understudy, when that is permitted under Rule 63(C),
the number of roles understudied shall be no more than two.
(H) Commencing three weeks after the official opening, understudies must be
called to rehearse in each part assigned at least once every four weeks unless
other replacements are going into the performance that week.
70. UNION EMBLEM.
The Producer agrees to insert the following line in the program: "The Actors and Stage
Managers employed in this production are members of Actors' Equity Association, the
Union of Professional Actors and Stage Managers in the United States." Also, the
Producer agrees whenever and wherever possible to prominently display the Equity
Emblem in the lobby of the theatre. Emblem will be supplied by Actors' Equity
Association.
71. UNION SECURITY.
(A) All Actors who are members of Actors’ Equity Association shall, as a
condition of employment, continue to be members of the Union in good standing
for the life of this Agreement. All employees who are not now members of
Equity shall, as a condition of employment, become members of the Union in
good standing within 31 days following the signing of this Agreement and shall
thereafter remain members of the Union in good standing as a condition of
continued employment. All new employees shall, as a condition of employment,
become members of the Union 31 days from the date of the commencement of
their employment and shall thereafter continue to be members of the Union in
good standing as a condition of continued employment. As defined and applied
in this Agreement, the phrase “member of the Union in good standing” means a
person who pays initiation fees and dues (or the monetary equivalents thereof)
to the Union as financial obligations in accordance with the requirements of the
National Labor Relations Act.
98
(B) Equity shall provide the Producer two weeks’ written notice to discharge any
Actor for non-payment of union dues or initiation fee (or the monetary
equivalents thereof). Upon the Actor’s failure to make such payment within the
aforesaid period, the Producer agrees immediately to discharge the Actor,
provided however, that Equity shall withhold its demand for discharge if the
producer undertakes, with the consent of the Actor, to withhold from the Actor’s
salary a sum sufficient to correct the Actor’s delinquency.
72. VACATIONS.
(A) Vacations. After the Actor shall have been employed for a period of 25
weeks in a production (see (D) below), the Actor shall be entitled to a one week
vacation at the Actor's option. If the Actor chooses not to take the vacation, the
Actor shall be paid one week's contractual salary in addition to the Actor's
performance salary. No more than one Actor from a cast may be on vacation at
the same time. (See also Rule 39(A)(5)).
(B) Notice of Vacation. The Actor shall give the Producer five weeks' notice of
the date of the Actor's intended vacation, which date shall be approved or
disapproved by the Producer within one week thereafter. Such approval shall
not be unreasonably withheld.
(C) Beginning of Employment. Employment, for the purposes of this Rule, shall
begin on the date the Actor is first required to rehearse.
(D) Eligibility for Vacations.
(1) Absences of no longer than one month due to illness or other valid reason,
except as provided in (3) below, shall be considered employment for the
purposes of this Rule.
(2) Absences of a longer duration for illness, or other valid reason, summer
layoffs, and layoffs for other purposes as specified in these Rules, shall not
be considered employment for vacation purposes. However, the Actor, upon
resumption of the Actor's services, shall receive credit for all time
accumulated prior to said absence or layoff.
(3) An Actor who, during the period of employment referred to herein,
receives a leave of absence of a longer duration than one month for the
purpose of taking other employment shall lose all accumulated time for
vacation purposes.
(E) Replacement. An Actor engaged to replace another on one week's vacation
may be contracted for no less than one week plus one week's Health
contribution on condition that the Actor shall not be called upon to rehearse
more than one week. The contract shall clearly set forth that the engagement is
limited to one week only.
(F) Institutional Theatres. For those Actors employed by an institutional theatre
for more than one play during the course of a season, vacation credit may be
99
accumulated for all contracted productions for the purposes of calculating
vacation eligibility pursuant to (A) above.
(G) Multiple Employment Periods. Each employment period an Actor works in
the same production shall count towards accrual of vacation pay unless Actor
terminates contract and provided that the subsequent employment begins no
later than 52 weeks after the end of the previous employment period.
73. VOLUNTARY CLASSES.
All Actors are prohibited from attending so-called "voluntary" dance and music classes
prior to or during the rehearsal period and prior to the opening. The Producer agrees
not to request Actors to attend such classes.
74. VOTE. (See Rule 59, SECRET VOTE.)
DURATION
This Agreement shall commence on October 24, 2005 and expire on October 25, 2009.
Any new rules when adopted shall be retroactive to said date unless otherwise stated.
All individual contracts of employment existing on, or signed on or subsequent to said
date, shall be modified in accordance with the new rules. Equity may advise its
members that no Actor shall work for the Producer unless an Agreement Governing
Employment in Off-Broadway Productions is in effect.
100
Subject (Rule)
Page Number
INDEX
-AAbandonment of Play (52(P))......................................................................................................... 59
Absence from Performance (32(B)) ............................................................................................... 36
Absence from Rehearsal (32(A), 52(K)) .................................................................................. 36, 58
Termination for (32(A))...................................................................................................... 36
Accident: Injury (33) ...................................................................................................................... 39
Accompanist: Auditions (4(B)(10)) .................................................................................................. 7
Rehearsals (52(I)) ............................................................................................................. 58
Act of God: Performance Lost (46(D)) ........................................................................................... 48
Rehearsal Lost (52(O)(1)) ................................................................................................. 58
ACTOR
Definition (20(A)) ............................................................................................................... 29
Duties (25)......................................................................................................................... 31
Exclusive Service (29)....................................................................................................... 34
Obligation to ACTORS’ EQUITY ASSOCIATION (1(A))..................................................... 1
Salary (58(A))...............................................................................................................67-72
With Disabilities 4(E)(4), (26) & 57(B)................................................................... 12, 31, 62
With Disabilities Networking Event (26(D)) ....................................................................... 32
Additional Duties, Payment for: Actor (58(J))................................................................................. 75
Chorus (11) ....................................................................................................................... 18
Set Moves (58(K)) ............................................................................................................. 75
Stage Managers (63(G) & 63(I)) ....................................................................................... 81
Additional (Extra) Performances (46(B))........................................................................................ 47
AFL-CIO (1(B)(1) & 1(B)(2))............................................................................................................. 1
AGENTS (2) ..................................................................................................................................... 2
Casting Submissions (4(C)(15)(c)) ..................................................................................... 9
Chorus Commissions Prohibited (2(C)) .............................................................................. 2
Commissions (2(B)) ............................................................................................................ 2
Equity Franchise Required (2(A)) ....................................................................................... 2
AGREEMENT
Binding Effect (6)............................................................................................................... 15
Duration of......................................................................................................................... 89
Parties to ............................................................................................................................. 1
Air-conditioning:
Audition and Rehearsal Spaces (4(E)(2)(a), (57(C)(1)).............................................. 12, 62
Dressing Rooms & Performance Spaces (57(D)(1)) ........................................................ 63
Stage Managers' Booth (57(D)(9)(f))) ............................................................................... 65
Alterations and Changes: Contract (15(C)).................................................................................... 23
Alternates (54(A))........................................................................................................................... 59
Announcement, Cast Change (10) ................................................................................................ 17
ARBITRATION AND GRIEVANCE (3)..........................................................................................3-6
Equal Employment Opportunity (26(E)) ............................................................................ 32
Board of Arbitrators (3(B))................................................................................................... 4
Breaches by Producers (8(C),15(F)(2)) ...................................................................... 16, 24
Claims (12)........................................................................................................................ 18
Contract:
Changes & Alterations (15(C)(2)&15(F)) ................................................................. 24, 24
Deputies and Members: Union Activity (21(B), 21(C)) ..................................................... 30
Equity: Power to Act for the Actor (27(A) & 27(C)) .......................................................... 33
Expedited Procedures (3(C)) .............................................................................................. 5
Interest on Award (3(B)(6)) ................................................................................................. 5
Replacement of Actor:
Inability to Perform (54(C))............................................................................................. 59
Termination of Actor: Just Cause (67(E)) ....................................................................94-95
i
Subject (Rule)
Page Number
"As Cast" Hiring (15(B)) ................................................................................................................. 23
ASSISTANT STAGE MANAGERS (63)....................................................................................79-82
Additional Services (63(G))............................................................................................... 81
Day After Day Off (52(E)(3)) ............................................................................................. 56
Definition (20(A)(3)........................................................................................................... 29
Duties (63(C)(1) ................................................................................................................ 80
Overnight Rest Period (56(A), 63(E)).......................................................................... 61, 81
Preparation of Script for Publication:
Payment for (63(I)) ......................................................................................................... 81
Salaries (58(A), 58(D), 63(N))..........................................................................67-70, 73, 82
Script (63(I)) ...................................................................................................................... 81
Tech Week Compensation (58(B)(8) & (63(L))........................................................... 73, 82
Understudying (58(A), 58(D), (63(C)(1), 63(C)(2), 63(C)(3)) ................................ 67, 73, 80
Work Conditions (63(K)).................................................................................................... 82
Associated Actors and Artistes of America (1(B))............................................................................ 1
AUDITIONS (4) ...........................................................................................................................6-13
Accompanist (4(B)(10)&4(C)(15)(d))............................................................................... 7, 9
Casting Authority (4(C)(10) & 4(C)(15)(e),4(C)(17)(a),
4(C)(17)(c)(4), & 4(D)(10)) .............................................................................................8-11
Chorus (4(B), 4(D)) ....................................................................................................... 6, 11
Compensation (4(C)(15)(b), 4(D)(11)) .......................................................................... 9, 12
Institutional Theatres (4(C)(17))........................................................................................ 10
Liability Insurance (4(E)(8))............................................................................................... 13
Nudity (42(A)).................................................................................................................... 44
Number of (4(C)(2))............................................................................................................. 8
Principals (4(A)& 4(C)) .................................................................................................. 6, 86
Safe and Sanitary Code (4(E)& (57(A)) ...................................................................... 12, 62
-BB-Roll Footage (64(D), 64(G)(1)), (64(G)(2)) & 64(H) ....................................................... 87, 89, 91
Back-Up Costumes (13(H))............................................................................................................ 21
Bereavement Leave (32(G)) ......................................................................................................... 39
BILLING AND PROGRAMS (5) ................................................................................................13-15
Breach of (5(D)) ................................................................................................................ 14
On Radio/TV-Exclusive Services (29(B)).......................................................................... 34
BINDING EFFECT OF AGREEMENT (6)...................................................................................... 15
Biography (5(E)(2), (10(A)(3)) .................................................................................................. 14, 17
BLACKLISTING (7) ........................................................................................................................ 15
Bond (19(A), 60(C)).................................................................................................................. 28, 77
Box Office Gross (58(B)(4), 58(C)& 58(F)(2))..................................................................... 72, 73,74
Box Office Statements (55(A), 55(C)(1)& 58(F))................................................................ 60, 61, 73
Breaches: Billing (5(D)) ................................................................................................................. 14
By Producers (8) ..........................................................................................................15-16
More Remunerative Employment (39(H)) ......................................................................... 43
BREAKS (See Also REST PERIODS)
Between Performances (56(B)) ........................................................................................ 61
Cast Album Recording (64(B)(12)) ................................................................................... 85
Costume Measuring (13(L)) .............................................................................................. 22
Rehearsal (52(D)(2)) ......................................................................................................... 55
Rehearsal and Performances Combined (52(D)(2))......................................................... 55
Broadcasting (64)......................................................................................................................83-92
Broadway Production: Actors’ Rights (16(A)) ................................................................................ 25
Brush-Up Rehearsal ( 52(E), (52(K), (52(M))........................................................................... 55, 58
ii
Subject (Rule)
Page Number
-CCable Television Commercials (64(C)(3))...................................................................................... 86
CALLBOARD (9) ............................................................................................................................ 16
Calls, Chorus (4(D)(11))................................................................................................................. 12
Calls: Given by Stage Manager (9)............................................................................................... 16
Cast Albums (64(B))....................................................................................................................... 83
Cast, Changes In (10) .................................................................................................................... 17
Cast Listing: Errors (5(A), 5(B) & 5(E)) .....................................................................................13-15
In the Theatre (5(A)).......................................................................................................... 13
Programs (5(E)) ................................................................................................................ 14
Cast Photographs (47) ..............................................................................................................48-50
Casting Authority: Producer’s Designee (4(C)(10), 4(C)(15)(e), 4(C)(17)(a), 4(D)(10)) .. 8, 9, 10, 11
Category of Theatre (58(A)) ......................................................................................................67-70
Change of Hair (13(I)) .................................................................................................................... 21
Changes and Alterations in Contract (15(C))................................................................................. 23
CHANGES IN CAST (10)............................................................................................................... 17
Checks (58(G))............................................................................................................................... 74
Children-Juvenile Actors (35)......................................................................................................... 40
CHORUS
Additional Assignment Compensation (11)....................................................................... 18
Agents (2(C))....................................................................................................................... 2
Auditions (4(A)), 4(B) & 4(D))........................................................................................ 6, 11
Auditions: Hours (4(D)(6) & (7)) ........................................................................................ 11
Auditions: Overtime (4(D)(7))........................................................................................... 11
Auditions for "Part" (4(D)(8)) ............................................................................................. 11
Classification (27(F)) ......................................................................................................... 34
Clothes (13(A)).................................................................................................................. 19
Commission Prohibited (2(C))............................................................................................. 2
DANCE CAPTAIN (18, 52(E)(1)) ................................................................................ 28, 55
Definition (20(A)(2))....................................................................................................... 1, 29
Determination (27(F))........................................................................................................ 34
Number of (43(A)) ............................................................................................................. 46
Playing a Part (11(A))........................................................................................................ 18
Shoes and Dancing Shoes (13(C)) ................................................................................... 20
Swing (11(C)) .................................................................................................................... 18
Understudy (69) ...........................................................................................................97-98
Understudy to Chorus (11(B))........................................................................................... 18
Christmas Lay-Off (36)................................................................................................................... 41
Claims: Time Limit in Lodging (12(B))........................................................................................... 18
Waiver or Release (12(A)) .............................................................................................. 18
Classes, Voluntary (73)................................................................................................................ 100
Classification, Determination of (27(F)) ......................................................................................... 34
Cleaning: of Costumes (13(C)(3)), (13(D), (13(G) & (13(J)) ................................................... 20, 21
Of Dressing Rooms (57(D)(6)(h)) ................................................................................. 64
Closing Company (67(F) & (67(G))................................................................................................ 95
Closing Notice (67(G)) ................................................................................................................... 95
CLOTHES AND MAKEUP (13)...................................................................................................... 19
Actor's, Lost or Damaged (50) .......................................................................................... 51
Cleaning (13(C)(3), 13(D), (13(G) & (13(J))................................................................ 20, 21
Protective Clothing (13(F), 62(I)) ................................................................................ 19, 79
Provided by Producer (13(A), 62(I))............................................................................ 19, 79
Rental from Actor (13(B)) ............................................................................................................... 19
Shoes (13(C)).................................................................................................................... 20
CO-PRODUCTIONS (68)............................................................................................................... 96
iii
Subject (Rule)
Page Number
Code Production (16(B)(1))............................................................................................................ 26
Commercial for Theatre or Show (64(C))..................................................................................86-87
Commissions, Agents' (2(B))&2(C))................................................................................................. 2
Company Closing Notice (67(F)) & (67(G)) ................................................................................... 95
COMPENSATION
Additional: Actors (58(J) & 58(K)(4)).......................................................................... 75, 76
Chorus (11) ....................................................................................................................... 18
Contingent (58(H)) ............................................................................................................ 74
Overtime (52(E)(3), 52(J))........................................................................................... 56, 58
Rehearsal (0) .................................................................................................................... 56
Salary (58)....................................................................................................................67-76
Set Moves (58(K)(2), 58(K)(4)(c)) ............................................................................... 75, 76
Stage Manager Tech Week Compensation (58(B)(8), 63(L))..................................... 73, 82
Contingent Compensation (58(H)) ................................................................................................. 74
CONTINUOUS EMPLOYMENT (14) ............................................................................................. 22
CONTRACT (15).......................................................................................................................22-25
As Cast (15(B)) ................................................................................................................. 23
Alterations (15(C))............................................................................................................. 23
Attempted Breach (15(F)) ................................................................................................. 24
Blanket Employment Contracts (15(D)) ............................................................................ 24
Breaches by Producer (8) ............................................................................................15-16
Changes (15(C)) ............................................................................................................... 23
Continuous Employment (14) ........................................................................................... 22
Duration............................................................................................................................. 89
Effective Date (15(A))........................................................................................................ 22
File with Equity (15(E))...................................................................................................... 24
Guaranteed Employment (65,72(E))........................................................................... 92, 99
Laws Governing (37)......................................................................................................... 41
Off-Broadway (20(E)) ........................................................................................................ 29
Riders (15(C)) ................................................................................................................... 23
Signing (15(A)(1), 15(A)(2) & 15(C)(3)) ...................................................................... 22, 24
Standard Form (8(A)(4)).................................................................................................... 16
Term (66) .......................................................................................................................... 93
CONVERSION RIGHTS TO: (16)............................................................................................25-27
Production or Special Production (16(A)) ....................................................................25-26
Off-Broadway from Code (16(B)(1)).................................................................................. 26
Off-Broadway from ANTC, Letter of Agreement, Mini or Transition (16(B)(2))................. 27
Cost of Living Adjustments (58(A)(6)).......................................................................................71-72
COSTUMES
Back-Up (13(H)) ................................................................................................................ 21
Calls (13(L)) ...................................................................................................................... 22
Cleaning (13(C)(2), 13(D), 13(G)& 13(J)) ............................................................. 20, 21, 21
Knee Pads and Protective Clothing (13(F), 62(I))............................................................. 21
Make-Up (13(E)) ............................................................................................................... 21
Measuring 13(L))............................................................................................................... 22
Provided by Actor 13(B), (13(B)(4)) ............................................................................ 19, 20
Provided by Producers (13) .........................................................................................19-22
Rental (13(B)).................................................................................................................... 19
Shoes and Dancing Shoes (13(C)) ................................................................................... 20
Swings and Understudies (13(J))...................................................................................... 21
Cots (57(D)(3)) ............................................................................................................................... 63
Council Powers (27(E)) .................................................................................................................. 34
CUTS: COMPANY AND INDIVIDUAL (17).................................................................................... 27
Cuts Board (17)................................................................................................................. 27
Cuts, Salary (17) ............................................................................................................... 27
iv
Subject (Rule)
Page Number
-D-
Damage to Personal Property (50) ...........................................................................................51-52
DANCE CAPTAINS (18), (52(E)(1), 58(A))...................................................................28, 55, 67-70
Dancers' Auditions 4(D)(11)........................................................................................................... 12
Day Off (56(C))............................................................................................................................... 61
Change of (46(A)(3)) ......................................................................................................... 47
DEFAULTING EMPLOYERS (19) ................................................................................................. 28
DEFINITIONS (20) ......................................................................................................................... 29
Actor (20(A))...................................................................................................................... 29
Additional Duties (58(J).................................................................................................... 75
Assistant Stage Manager (20(A)(3)) ................................................................................. 29
Chorus (20(A)(2)) .............................................................................................................. 29
Disability (20(D)) ............................................................................................................... 29
Extraordinary Risk (33(B))................................................................................................. 39
Off-Broadway Area (20(E)) ............................................................................................... 29
Off-Broadway Contract (20(E)) ......................................................................................... 29
Juvenile Actor (35) ............................................................................................................ 40
Part (20(B), (69(A)(4)) ................................................................................................. 29, 97
Principal Actor (20(A)(1)) .................................................................................................. 29
Role (20(C), (69(A)(4)) ................................................................................................ 29, 97
Set Moves (58(K)) ........................................................................................................75-76
Stage Manager (20(A)(3)) ................................................................................................. 29
Understudy (20(A)(4)) ....................................................................................................... 29
Workweek (20(G), 31(F)) ............................................................................................ 30, 36
Weekly Contractual Salary (20(F)).................................................................................... 30
DEPUTIES AND MEMBERS NOT TO BE DISCRIMINATED AGAINST (21)............................... 30
Dismissal (21) ................................................................................................................... 30
Requirement for (22(A)) .................................................................................................... 30
Disabilities (See Actors With Disabilities)
Disability and Parental Leave (32(E)) .......................................................................................37-38
DISCRIMINATION (23) (See Also EQUAL EMPLOYMENT OPPORTUNITY – NON - TRADITIONAL
CASTING NON-DISCRIMINATION (26)........................................................................................ 31
Against Deputy (21) .....................................................................................................30-30
For Race, Color, Creed, Disability, Etc. (23)..................................................................... 31
For Union Activity (21)....................................................................................................... 30
Documentary (64(G)(2), 64(H))............................................................................................... 90, 91
Dressing Rooms
Juvenile Actors (35(D)) ..................................................................................................... 40
Safe and Sanitary (57(D)(3) & 57(D)(6))........................................................................... 63
DUES AND INITIATION FEES (24)............................................................................................... 31
DURATION OF AGREEMENT....................................................................................................... 99
DUTIES OF ACTOR (25) ............................................................................................................... 31
-EEaster Lay-Off (36)......................................................................................................................... 41
Employment Continuous (14) ........................................................................................................ 22
Employment in Outside Fields (15(D))........................................................................................... 24
EQUAL EMPLOYMENT OPPORTUNITY – NON – DISCRIMINATION NON – TRADITIONAL CASTING
(26)
.......................................................................................................................................... 31
EQUITY
Access (22(B)) .................................................................................................................. 30
Actor's Obligation (1(A))...................................................................................................... 1
Determinations (27(F),33(B)(4)).................................................................................. 34, 40
Interpretations (27(D) & 27(E), 59(D)) ........................................................................ 33, 77
v
Subject (Rule)
Page Number
Meetings (22(B), 27(B), 52(H)(7), 59, & 62(K)).......................................30, 33, 57, 77 & 79
Membership (27(B)) ......................................................................................................... 33
Power to Act for Actor (27(A)& 27(C)) .............................................................................. 33
Recognition ......................................................................................................................... 1
Representative (22(B))...................................................................................................... 30
SECRET VOTE (59) ......................................................................................................... 77
SPECIAL PROVISIONS (27) .......................................................................................33-34
UNION EMBLEM (70) ....................................................................................................... 98
UNION SECURITY (71) .................................................................................................... 98
Equity League 401(k) Trust Fund (30) ........................................................................................... 34
Equity-League Pension Trust Fund (45(A)) ................................................................................... 46
Equity-League Health Trust Fund (31(D))...................................................................................... 36
ESTOPPEL (28)............................................................................................................................. 34
EXCLUSIVE SERVICE OF ACTOR (29) ....................................................................................... 34
Expense Money (44), (47(E))................................................................................................... 46, 50
Extermination (57(D)(11)) .............................................................................................................. 65
Extra Performances, Payment (46(B))........................................................................................... 47
Extraordinary Risk (33(B)).............................................................................................................. 39
-FFacial Masks (13(K)) ...................................................................................................................... 22
Fight Captain (62(C), 62(D), 62(G), 62(H)) .............................................................................. 79, 79
Fighting, Stage (62)........................................................................................................................ 78
FILMING (64) ............................................................................................................................83-92
Of Production (64)........................................................................................................83-92
Of T.V. or Radio Spot Commercials (64(C)) ..................................................................... 86
T.V. Newscast, Review or Featured Story (64(D), 64(E))......................................87-88, 88
Subsequent or Other Use (64(G))................................................................................89-90
Fire Safety Procedures (57(D)(5)) ................................................................................................. 63
Firearms (62(K))............................................................................................................................. 79
First Aid Kit (57(C)(8), (57(D)(12) & (62(J)) ....................................................................... 63, 65, 79
Floors for Dancing (4(E)(2)(g), 57(A), 57(C)(6)) ................................................................ 12, 62, 63
Fog and Haze Effects (57(D)(14)).................................................................................................. 66
Food: Between Performances (56(B)(3))...................................................................................... 61
Picture Calls (47(C)(4)) ..................................................................................................... 49
48 Hour Provision (More Remunerative Employment) (39(E)) ...................................................... 42
Four A'S (1(B)) ................................................................................................................................. 1
401(K) PLAN DEFERRAL (30) ...................................................................................................... 34
Franchised Agents, Required (2(A)) ................................................................................................ 2
Furs, Lost or Stolen (50) ...........................................................................................................51-52
-GGovernment Proclamation, Performances Lost (46(D)(2)) ............................................................ 48
Government Proclamation, Rehearsal Lost (52(O)(2)).................................................................. 59
GRIEVANCE (3)............................................................................................................................3-6
Agent (2(D)) ........................................................................................................................ 2
Committee (3(A))................................................................................................................. 3
Expedited Procedures (3(A)(1)) .......................................................................................... 3
More Remunerative Employment Panel (39(H))............................................................... 43
Notice (3(A)(1)&3(A)(2))...................................................................................................... 3
Gross Weekly Box Office Receipts (58(A), 58(C)& 58(F)(2)) ........................................................ 67
Guaranteed Employment (65)........................................................................................................ 92
Replacements (39(A)(2), 63(N) & (O), 72(E)) ....................................................... 41, 82, 99
Salaries in Previews (65(A)(1)) ......................................................................................... 92
vi
Subject (Rule)
Page Number
-HHair Color (13(I)(1))........................................................................................................................ 21
Hairpiece (13(K)(1) & 13(K)(2))...................................................................................................... 22
Rental of (13(B)(1)) ........................................................................................................... 19
Hair Style (13(I)(2)) ........................................................................................................................ 21
Hazards: (See Risks) (33(B), 57(D)(13)) ....................................................................................... 39
Heat: Audition and Rehearsal Space (4(E)(2), (57(C)(1)) .................................................... 12, 62
Dressing Rooms (57(D)(6)(g)) .......................................................................................... 64
Stage Manager’s Booth (57(D)(9)(f)) ................................................................................ 65
Health Fund (31(D)) ....................................................................................................................... 36
Health Insurance (31)................................................................................................................35-36
HIRING “AS CAST”: OBLIGATIONS TO THE ACTOR (15(B)) ..................................................... 23
Holiday Performance Schedule (46(A)(5))..................................................................................... 47
Holy Weeks Lay-Off (36)................................................................................................................ 41
HOSPITALIZATION AND MEDICAL INSURANCE (31)...........................................................35-36
House Boards (5(A) & 5(B)) ........................................................................................................... 13
-IILLNESS AND LEAVES (32) ....................................................................................................36-39
Disability Leave (32(E)(1)) ................................................................................................ 37
Parental Leave (32(E)(2)) ................................................................................................. 38
Salary Payment (32(B))..................................................................................................... 36
Short-Term Replacements (32(H)) ................................................................................... 39
Sick Leave (32(C)) ............................................................................................................ 36
Sick Pay (32(D))................................................................................................................ 37
Termination (32(A) & 32(B)).............................................................................................. 36
Initiation Fees (24) ......................................................................................................................... 31
Injury (33) ....................................................................................................................................... 39
Institutional Theatre (4(C)(17))....................................................................................................... 10
INSURANCE
Disability Benefits (32(E)(1)) ............................................................................................. 37
Health Fund, Payments to (31) ......................................................................................... 35
Hospitalization and Medical (31)..................................................................................35-36
Liability at Auditions and Interviews (4(E)(8)) ................................................................... 13
Personal Property (50) .................................................................................................51-52
Social Security (61(A) & 61(B))......................................................................................... 78
Supplemental Workers’ Compensation Insurance (31(E)) ............................................... 36
Unemployment (61(C), 61(D) & (61(E)) ............................................................................ 78
Worker's Compensation (33(A))........................................................................................ 39
Interviews: Principal and Stage Manager (4(C)) ............................................................................. 8
Publicity (47(E))................................................................................................................. 50
Intoxication (54(C))......................................................................................................................... 59
-JJewelry, Lost or Stolen (50) ......................................................................................................51-52
Just Cause (67(E)) ....................................................................................................................94-95
JUVENILE ACTORS (35)............................................................................................................... 40
-KKneepads (13(F)) ........................................................................................................................... 21
vii
Subject (Rule)
Page Number
-LLarge Cast Shows (58(A)(5)) ......................................................................................................... 71
Lateness (25(A), 25(B), 52(H), 54(C)) ............................................................................... 31, 57, 59
Laundry (13(D)&(13(G)) ................................................................................................................. 21
Lavatory and Toilet Facilities (4(E)(2)(b),(4(E)(2)(c), (57(C)(2), (57(C)(3), (57(D)(7))....... 12, 62, 64
LAWS GOVERNING Contracts (37) .............................................................................................. 41
Lay-Off: Christmas and Holy Weeks (36) ..................................................................................... 41
Liability Insurance: Auditions (4(E)(8))........................................................................................... 13
Lights
Dressing Room (57(D)(6)(e)) ............................................................................................ 63
Stage Manager’s Booth (57(D)(9)(a) & 57(D)(9)(d))................................................... 65, 65
Lockouts (41) ................................................................................................................................. 44
Long Term Employment: Salary Increase (58(E)) ......................................................................... 73
Long Term More Remunerative Employment (39(B)).................................................................... 42
Limitations (39(D))............................................................................................................. 42
Notice (39(C), 39(D))......................................................................................................... 42
Termination (39(B)) ........................................................................................................... 42
Lost Performance (46(D)) .............................................................................................................. 48
Lost Property (50) .....................................................................................................................51-52
Lost Rehearsals (52(O))................................................................................................................. 58
-MMake-Up (13(E)) ............................................................................................................................ 21
Masks (13(K))................................................................................................................................. 22
Maternity Leave – See Parental Leave
Matinee Day: Picture Call (47(C)(2))............................................................................................. 49
Rehearsal (52(D)(1)(b), 52(E)(1) ...................................................................................... 55
For Students (46(A)(2)) ..................................................................................................... 47
Meals: Before a Picture Call (47(C)(4))......................................................................................... 49
Between Performances (56(B)(3)) .................................................................................... 61
Medical Coverage (31, 32).............................................................................................35-36, 36-39
Meetings: Equity (27(B)) ............................................................................................................... 33
Equal Employment Opportunity (26(D))............................................................................ 32
Lateness (52(H)(7))........................................................................................................... 57
Weapons Demonstration (62(K)) ...................................................................................... 79
Members, Not to be Discriminated Against (21, 23) .............................................................. . 30, 31
MILITARY SERVICE (38) .............................................................................................................. 41
Minimum Salaries (58(A)) .........................................................................................................67-70
MORE REMUNERATIVE EMPLOYMENT (39) ........................................................................41-43
MOTION PICTURE, TELEVISING, RECORDING (64) ............................................................83-92
MOTION PICTURE RIGHTS (40).................................................................................................. 43
Municipal Regulations (See also OSHA) (4(E)(5)&(6),46(D)(2),49(A),57(D)(4)&(9)(c)(d))12, 48, 50, 63, 65
Musical Instrument, Rental of (13(B)(3))........................................................................................ 20
-NNews Telecast (64(D), 64(E), 64(F)).............................................................................................. 87
NON-DISCRIMINATION (26)......................................................................................................... 31
NON-TRADITIONAL CASTING (26).............................................................................................. 31
viii
Subject (Rule)
Page Number
Notes (34(C), 52(L), 52(D)(1)(a), 52(D)(1)(b), (52(L) & 67(E)(1)(b)) ................................. 40, 54, 94
NOTICE
Change of Performance Schedule (46(A)(3) & 46(A)(5)) ................................................. 47
Closing (67(F)& 67(G))...................................................................................................... 95
Individual Termination (39(B), 66, 67(A)-67(E))...............................................42, 93, 93-95
Insufficient Notice of More Remunerative Employment (39(H)) ....................................... 43
More Remunerative Employment (39(A), 39(C),39(D), 39(E)(1))............................... 41, 42
Not Allowed (67(C)(5)) ...................................................................................................... 94
Vacation (72(B)) ................................................................................................................ 99
Nude Photographs (42(B)(3), 47(D)) ....................................................................................... 45, 49
NUDITY (42) .............................................................................................................................44-45
NUMBER OF CAST (43)................................................................................................................ 46
Number of Performances (46(A))................................................................................................... 46
-OObligation of Actors to Equity (1(A)) ................................................................................................ 1
Occupational Safety and Health Administration (OSHA) ((57(D)(4), (57(D)(9)(c), 57(D)(9)(d))63, 65
Off-Broadway: Conversion Rights
From Code Production (16(B)(1)) ..................................................................................... 26
From ANTC, NYC Letter of Agreement, Mini or Transition (16(B)(2)).............................. 27
OFF-BROADWAY AREA (Preamble, (20(E)) ............................................................................ 1, 29
Off-Broadway Contract (20(E)) ...................................................................................................... 29
Oral Rulings (27(D)) ....................................................................................................................... 33
Original Cast Album (64(B)) ......................................................................................................83-85
Out Of Town Actor (“Expense Money”) (44) .................................................................................. 46
Other Employment (29, 39, 52(K), 67(I)) ................................................................34, 41-43, 58, 96
OVERTIME
Picture Calls (47(C)(6)) ..................................................................................................... 49
Principal and Chorus Auditions (4(C)(15)(b), 4(D)(11) .................................................. 9,12
Rehearsal (52(D)(3), 52(J))......................................................................................... 55, 58
Stage Managers (52(E)(3), 63(M)).............................................................................. 56, 82
-PParental Leave (32(E)(2)) .............................................................................................................. 38
Part (15(B)(1), 20(B), (69(A)(4))......................................................................................... 23, 29, 97
Part Cut Out (54(E)) ....................................................................................................................... 60
Part Not Specified (15(B)) .............................................................................................................. 23
Part Payment, Chorus (11(A)) ....................................................................................................... 18
Pay Day (58(M))............................................................................................................................. 76
Pay Phone (4(E)(2)(e), (57(C)(5) & 57(D)(2)) .................................................................... 12, 62, 63
Pension and Health Reports (55(C)).............................................................................................. 61
PENSION FUND (45)..................................................................................................................... 46
Per Diem (Out of Town Actor) (44) ................................................................................................ 46
PERFORMANCES (46) ............................................................................................................46-48
Additional (46(B)) .............................................................................................................. 47
Extra (46(B))...................................................................................................................... 47
Lost (46(D)) ....................................................................................................................... 48
Nudity (42(B)(1), 42(B)(2) & 42(B)(5)) .........................................................................44-45
Number of (46(A)) ........................................................................................................46-47
Payment to Actors (46(A)(4)&46(E))............................................................................47-48
Pro Rata Salary (46(A)(4), 52(F)(7), 58(B)(7), 58(K)(4)(b)) ............................ 47, 56, 73, 76
Rest Period Between (56(A), 56(B)) ................................................................................. 61
Schedule Change (46(A)(3))............................................................................................. 47
Student Matinees (46(A)(2)) ............................................................................................. 47
Times (46(A)(2))................................................................................................................ 47
ix
Subject (Rule)
Page Number
Twi-Night (46(A)(2)) .......................................................................................................... 47
When Admission Is Charged (46(E)) ............................................................................................. 48
PERFORMERS WITH DISABILITIES:
Accessibility for Auditions (4(E)(4))................................................................................... 12
Reasonable Accommodations: Dressing Rooms (57(B)) ................................................. 62
Stage Manager’s Booth (57(D)(9)).................................................................................... 64
Equal Opportunity Employment (26)................................................................................. 31
Definition (20(D))............................................................................................................... 29
Non-Discrimination (26(A)) ............................................................................................... 31
Networking Event (26(D)).................................................................................................. 32
Per Performance Replacement (M.R.E.) (39(A)(3)) ...................................................................... 42
Personal Appearance (47(E)) ........................................................................................................ 50
Personal Managers (2(A))................................................................................................................ 2
Personal Property Insurance (50) .............................................................................................51-52
PHOTOGRAPHS AND PUBLICITY (47) ..................................................................................48-50
Commercial Products (47(F))............................................................................................ 50
House Boards, Programs & Advertising (5(B)) ................................................................. 13
Nude (42(B)(3),(42(B)(4)&(42(B)(6), (47(D)) .............................................................. 45, 49
Personal Appearances (47(E)) ......................................................................................... 50
Picture Calls (47)..........................................................................................................48-50
Pianist: Auditions (4(B)(10), 4(C)(15)(d)) .................................................................................... 7, 9
Rehearsal (52(I)) ............................................................................................................... 58
Picture Call (47(B) & 47(C)) ..................................................................................................... 49, 49
PRESS RELEASES (48)................................................................................................................ 50
PREVIEWS
Breaks (52(D)(2)) .............................................................................................................. 55
Hours (52(D)(1))................................................................................................................ 54
Salaries (52(F)(7), 58(B)(6), 58(B)(7)) ........................................................................ 56, 73
PRINCIPAL ACTOR (See Also ACTOR)
Auditions (4(A) & 4(C)).................................................................................................... 6, 8
Classification (27(F)) ......................................................................................................... 34
Definition (20(A)(1))........................................................................................................... 29
Hired "As Cast" (15(B)) ..................................................................................................... 23
Interviews (4(A) & 4(C)) .................................................................................................. 6, 8
Number of (43(B)) ............................................................................................................. 46
PRODUCTION PROSECUTED (49) ............................................................................................. 50
PROGRAMS AND SOUVENIR PROGRAMS
Bios (5(E)(2))..................................................................................................................... 14
Cast List (5(E)(1)).............................................................................................................. 14
Changes In Cast (10) ........................................................................................................ 17
Errors and Omissions (5(E)(3) & (5(E)(4)) ........................................................................ 15
Understudies: Listed (5(A), 5(E)(1) & 5(E)(2), (69(E)) .......................................... 13, 14, 98
Union Emblem (70) ........................................................................................................... 98
Props, Clothes and Make-Up (13(B)(2) & 13(B)(4)) ...................................................................... 20
PROPERTY: REIMBURSEMENT TO ACTOR FOR LOSS OR DAMAGE (50) ............................ 51
Prop Moves (58(K))........................................................................................................................ 75
Prosecuted Production (49) ........................................................................................................... 50
Publicity (See PHOTOGRAPHS AND PUBLICITY) (47) ..........................................................48-50
Pyrotechnic Devices (33(B)(1)) ...................................................................................................... 39
-RRadio Broadcasting (64(A))............................................................................................................ 83
Radio Spot Commercial (64(C))..................................................................................................... 86
Raked Stage (57(D)(15))................................................................................................................ 66
Reader, Audition (4(C)(13)).............................................................................................................. 9
x
Subject (Rule)
Page Number
Recognition ...................................................................................................................................... 1
RECORDING, TELEVISING, MOTION PICTURE (64) ............................................................83-92
RECORDINGS USED IN PRODUCTION (51) .............................................................................. 52
Records, E.E.O., Non-Traditional Casting ((26(C)) ....................................................................... 32
REHEARSALS (52)...................................................................................................................53-59
Abandoned (52(P))............................................................................................................ 59
Absence From (32(A)&32(C), 52(H), 52(K)) ......................................................... 36, 57, 58
After First Paid Public Performance
(Previews) (52(D)(1), 52(D)(3))................................................................................ 54, 55
After Giving Notice (67(I)) ................................................................................................. 96
After Lay-Off (36(B)).......................................................................................................... 41
After Official Opening (52(E))............................................................................................ 55
Attendance at (52(K))........................................................................................................ 58
Before First Paid Public Performance (52(C)) .................................................................. 53
Beginning of (4(D)(3), 52(A)) ...................................................................................... 11, 53
Breaks (52(C)(2) & 52(D)(2)) ...................................................................................... 54, 55
Brush-Up (52(E))............................................................................................................... 55
Change of Theatres (52(E)(2)).......................................................................................... 55
Continuous (52(B))............................................................................................................ 53
Costume Measuring (13(L)) .............................................................................................. 22
Day After Day Off (52(D)(3), 52(E)(2) & 52(E)(3)) ................................................ 55, 55, 56
Daylight Day of Rest (52(C)(6)) ........................................................................................ 54
Days Off (52(C)(6), 56(C)) .......................................................................................... 54, 57
Discontinued (52(P)) ......................................................................................................... 59
Equity Meetings: With Equity Representatives (22(B), 52(H)(7)) ............................... 30, 57
Membership (27(B)) ............................................................................................. 33
Firearms (62(K))................................................................................................... 79
Final Two Weeks of Rehearsal Period (52(C)(5))............................................................. 54
Hours (52(B),52(C), 52(D)(1),52(D)(3), 52(E)(1) & 63(M)) ....................... 53, 54, 55, 55, 82
Lateness (of Actor) (52(H)) ..........................................................................................57-58
Lost (52(O))....................................................................................................................... 58
Matinee Day (52(D)(1)(b), 52(D)(1)(c), 52(E)(1)).............................................................. 55
Notes (52(D)(1)(a), 52(D)(1)(b), (52(L)) ...................................................................... 54, 58
Notification of Start (52(A)(2)) ........................................................................................... 53
Nudity (42(B)).................................................................................................................... 44
Overtime (47(C)(6), 52(D)(3), 52(E)(2), 52(J), 63(E) & 63(M)) ...............49, 55, 58, 81 & 82
Pay (52(A)(1), 0, 58(B))......................................................................................... 53, 56, 72
Pianist (52(I))..................................................................................................................... 58
Previews (52(D)) ............................................................................................................... 54
Pro-Rata (52(F)(5), 58(B)(5), 58(K)(4)(b)) ............................................................ 56, 73, 76
Replacement (52(E)(2), 52(F)(2), 58(B)(2), 58(B)(4).................................................. 55, 72
Rest Periods (52(C)(2), 56, 63(E))........................................................................ 54, 61, 81
Salary for (52(A)(1), 0, 58(B)) ............................................................................... 53, 56, 72
Sex Acts (42(B))................................................................................................................ 44
Sick Leave (32(A), 32(C)) ................................................................................................. 36
Sick Pay (32(D))................................................................................................................ 37
Six-Hour Day (52(C)(4)) .................................................................................................... 54
Stage Fights (62)............................................................................................................... 78
Two Performance Days (52(D)(1)(b), 52(D)(1)(c) & (52(E)(1))......................................... 55
Understudies (52(F)(3), 58(B)(3), 58(B)(4), 62(F), 69(C) & 69(D))........... 56, 72, 79, 97, 98
Release or Waiver of Claim (12(A)) ............................................................................................... 18
Rental of Clothes (13(B)) ............................................................................................................... 19
Rental of Musical Instruments and Props (13(B)(2), 13(B)(3)) ...................................................... 20
REOPENING OF PLAY (53) .......................................................................................................... 59
REPLACEMENT OF ACTOR (54) ............................................................................................59-60
Replacement:
xi
Subject (Rule)
Page Number
Biography (10(A)(3)) ......................................................................................................... 17
Disability (32(E)(7)) ........................................................................................................... 38
Of Actor (54)...................................................................................................................... 59
Rehearsal (52(E)(2)) ......................................................................................................... 55
Rehearsal for Understudies (69(C)).................................................................................. 97
Rehearsal Salary (0, 58(B)) ........................................................................................ 56, 72
Short Term Illness & Leaves (32(H)) ................................................................................ 39
Short Term More Remunerative Employment (39(A)(2)&39(A)(3)).................................. 41
Stage Manager (63(N) & 63(O)) ....................................................................................... 82
Vacation (72(E)) ................................................................................................................ 99
REPORTS: Weekly to Equity and Equity/League Trust Funds (55) .............................................. 60
Representatives; Equity (22(B), 52(H)(7)) ............................................................................... 30, 57
REST PERIODS (56) (See Also BREAKS)
Assistant Stage Managers (56(A), 63(E)) ................................................................... 61, 81
Between Performances (56(B)) ........................................................................................ 61
Cast Album (64(B)(12)) ..................................................................................................... 85
Overnight (56(A)) .............................................................................................................. 61
Rehearsal (56(C)) ............................................................................................................. 61
Stage Manager (56(A), 63(E)) .................................................................................... 61, 81
Riders:
Additional Duties (58(J)).................................................................................................... 75
Contract (15(C)) ................................................................................................................ 23
Clothing (13(B))................................................................................................................. 19
Hair ((13(I))........................................................................................................................ 21
Nudity/Sex Acts (42(B)(2), 42(B)(3), 42(B)(4) & 42(B)(6)) ......................................... 44, 45
Set Moves (58(K)(4))......................................................................................................... 76
Stage Fighting (62(A))....................................................................................................... 78
Stage Managers’ Tech Week Compensation (58(B)(8), (63(L)) ................................. 73, 82
Term (66) .......................................................................................................................... 93
Rights after Notice of Termination (67(I))....................................................................................... 96
Risks, Extraordinary (33(B))........................................................................................................... 39
Role (20(C), 69(A)(4)) .............................................................................................................. 29, 97
Rotation of Actors (54(A)) .............................................................................................................. 59
Run-of-the-Play (“Term”) (66) ........................................................................................................ 93
Part Cut Out (54(E)(2))...................................................................................................... 60
-SSAFE AND SANITARY (57)........................................................................................................... 62
Actors with Disabilities (4(E)(4), (57(B))...................................................................... 12, 62
Air-conditioning (4(E)(2)(a), 57(C)(1), 57(D)(1) & 57(D)(9)(f)) ....................... 12, 62, 63, 65
Audio Monitor (57(D)(9)(b))............................................................................................... 65
Auditions and Interviews (4(E), (57(A))....................................................................... 12, 62
Cots (57(D)(2)) .................................................................................................................. 63
Dancing Surfaces (4(E), (57(C)(6))............................................................................. 12, 63
Dressing Rooms (57(D)(6))............................................................................................... 63
Drinking Water (4(E)(2)(h)), 57(C)(7), (57(D)(10))................................................. 12, 63,65
Extermination (57(D)(11)) ................................................................................................. 65
Extraordinary Risk (33(B))................................................................................................. 39
First Aid Kits (57(C)(8), (57(D)(12), (62(J)) ........................................................... 63, 65, 79
Fire Safety Procedures (57(D)(5)) .................................................................................... 63
Heat (4(E)(2)(a), 57(C)(1), 57(D)(1), 57(D)(6)(g), 57(D)(9)(f)).................. 12, 62, 63, 64, 65
Inherently Dangerous Conditions (57(D)(13))................................................................... 65
Lavatory and Toilet Facilities (4(E)(2)(b), (57(C)(2), (57(D)(7)) ............................ 12, 62, 64
Lighting (57(D)(6)(e), 57(D)(6)(f), 57(D)(9)(a))............................................................ 63, 65
Municipal Regulations (4(E)(5), (57(D)(4), (57(D)(9)(c) & 57(D)(9)(d)) ................ 12, 63, 65
xii
Subject (Rule)
Page Number
Pay Phone (4(E)(2)(e), (57(C)(5), 57(D)(2)) ............................................................... 12, 62
Places of Employment (57)..........................................................................................62-67
Raked Stage (57(D)(15))................................................................................................... 66
Regulations (4(E)(5), 57(D)(4), (57(D)(9)(c) & 57(D)(9)(d)).................................. 12, 63, 65
Running Water (4(E)(2)(c), (57(C)(3), 57(D)(6)(c), (57(D)(7)(b)).................... 12, 62, 63, 64
Showers (57(D)(7)(c)) ....................................................................................................... 64
Sinks (4(E)(2)(c), (57(C)(3), 57(D)(6)(c), 57(D)(7)(b)) ................................... 12, 62, 63, 64
Smoke and Haze (57(D)(14))............................................................................................ 66
Smoking (4(E)(6)).............................................................................................................. 12
Stage Manager's Booth (57(D)(9)).................................................................................... 64
Toilets (4(E)(2)(b), 57(C)(2), (57(D)(7)) ................................................................ 12, 62, 64
Ventilation (4(E)(2)(d), (57(C)(4), (57(D)(6)(g), (57(D)(9)(f)) ......................... 12, 62, 64, 65
Water: Hot and Cold (4(E)(2)(c), 57(C)(3), 57(D)(6)(c), 57(D)(7)(b)) ............ 12, 62, 63, 64
SALARIES (58) .........................................................................................................................67-76
Actor (58(A), 58(C) & 58(E)) ............................................................................67-72, 73, 73
Actual (58(I)) ..................................................................................................................... 75
Additional Duties (58(J)).................................................................................................... 75
Assistant Stage Managers (58(A), 58(D))..............................................................67-72, 73
Box Office Statements (58(F)) .....................................................................................73-74
Checks (58(G)).................................................................................................................. 74
Chorus: Additional Compensation Provisions (11) ........................................................... 18
Chorus Playing Part (11(A)).............................................................................................. 18
Contingent (58(H)) ............................................................................................................ 74
Cost of Living (58(A)(6))...............................................................................................71-72
Cuts (17) ........................................................................................................................... 27
Dance Captains (18) ......................................................................................................... 28
During Illness (32(B), 32(C) & 32(D))...........................................................................36-37
Effect of Weekly Gross on (58(A), 58(C)) ..............................................................67-70, 73
Large Cast Shows (58(A)(5)) ............................................................................................ 71
Long Term Employment (58(E)) ....................................................................................... 73
Lost Performances (46(D)) ............................................................................................... 48
Lost Rehearsals (52(O) & 52(P)) ................................................................................ 58, 59
Minimum (58(A)) ..........................................................................................................67-72
Overtime (4(C)(15)(b), 4(D)(11), 47(C)(6), 52(E)(2), 52(E)(3) & 52(J)) ...... 9, 12, 49, 55, 58
Pro-Rating (52(F)(5), 52(F)(7), 58(B)(5), 58(B)(7))......................................... 56, 56, 73, 73
Rehearsal (0, 58(B)).................................................................................................... 56, 72
Replacement (52(F)(2))..................................................................................................... 56
Stage Manager (58(A)..................................................................................................67-72
Swing (11(C)) .................................................................................................................... 18
Term (58(A)).................................................................................................................67-72
Understudy (52(F)(3), 69(A)(2) & 69(B))..................................................................... 56, 97
Vacation (72(A)) ................................................................................................................ 99
Week of First Preview (52(F)(7), 58(B)(7)) ................................................................. 56, 73
Weekly Gross (58(A) & 58(C)) ...............................................................................67-72, 73
When Paid (58(M))............................................................................................................ 76
Schedule:
Change of Performance (46(A)(3) & 46(A)(5)) ........................................................... 47, 47
Opening Night (46(A)(5), 67(C)(5)) ............................................................................. 47, 94
Performance (46(A) & 46(B)) .......................................................................................46-47
Picture Call (47(B) & 47(C)) .............................................................................................. 49
Preview (52(D)) ................................................................................................................. 54
Rehearsal (52(B), 52(C), 52(D), 52(E), 52(H)(7), 52(M))....................53, 53, 54, 55, 57, 58
Television Newscast Footage (64(D))............................................................................... 87
Script for Publication (63(I)) ........................................................................................................... 81
Seating Capacity (20(E)(1), 58(A)) .....................................................................................29, 67-70
xiii
Subject (Rule)
Page Number
SECRET VOTE (59) ...................................................................................................................... 77
Picture Call (47(C)(2)) ....................................................................................................... 49
Security and Security Agreements (60) ......................................................................................... 77
Set Moves (58(K)) .......................................................................................................................... 75
Shoes (13(C))................................................................................................................................. 20
Short Term More Remunerative
Employment (39(A), 39(C), 39(E), 39(D), 39(F), 39(G)) ..............................................41-43
Short-Term Replacement (32(H), 39(A)(2), 39(A)(3)).............................................................. 39, 41
Showcase Conversion (16(B)(1))................................................................................................... 26
Showers (57(D)(7)(c)) .................................................................................................................... 64
Sick Leave (32(C)) ......................................................................................................................... 36
Sick Pay (32(D))............................................................................................................................. 37
Signing of Contracts (15(A), 15(C), 15(D) & 15(E)) ..................................................................22-24
Sinks (4(E)(2)(c), 57(C)(3), 57(D)(7)(b)) ............................................................................ 12, 62, 64
Skin Parts (13(G)) .......................................................................................................................... 21
Smoke and Haze Effects (57(D)(14))............................................................................................. 66
SOCIAL SECURITY - UNEMPLOYMENT INSURANCE (61) ....................................................... 78
Sound Recording (51(A), 64(A)) .............................................................................................. 52, 83
Souvenir Program (5(E)) ................................................................................................................ 14
Spot Commercial (64(C)) ............................................................................................................... 86
STAGE FIGHTING (62) ................................................................................................................. 78
STAGE MANAGERS AND ASSISTANT STAGE MANAGERS (63) ........................................79-82
Acting (63(B)) .................................................................................................................... 80
Additional Duties (63(G) & 63(I))...................................................................................... 81
Booth (57(D)(9)) ................................................................................................................ 64
Day After Day Off (52(E)(2), 52(E)(3)) .............................................................................. 55
Overtime (52(E), 63(E), 63(M)) ............................................................................ 55, 81, 82
Networking Event (4(C)(6)) ................................................................................................. 8
Pre-Production (63(B)) ...................................................................................................... 80
Preparation of Script (63(I)) .............................................................................................. 81
Post-Production (63(D)(3))................................................................................................ 81
Records (52(H)(6)) ............................................................................................................ 57
Replacement (63(N) & 63(O))........................................................................................... 82
Requirements (63(A), 63(B), 63(J)) .................................................................................. 79
Rest Period (56(A), 63(E)) .......................................................................................... 61, 81
Salaries (58(A), 58(B)(8), 58(C), 58(D), 63(L), 69(A)(2))....................67, 73, 73, 73, 82, 97
Script (63(I)) ...................................................................................................................... 81
STAGE FIGHTING (62) .................................................................................................... 78
Tech Week Compensation (58(B)(8)), 63(L)) ............................................................. 73, 82
Training Period (63(O)) ..................................................................................................... 82
Understudying (58(A), 58(D), 63(B), 63(C)(1), 69(A)(2)) .......................... 67, 73, 80, 80, 97
Video Monitor (57(D)(9)(a))............................................................................................... 65
Working Conditions (63(K))............................................................................................... 82
Strikes (41) ..................................................................................................................................... 44
Supplemental Workers’ Compensation Insurance (31(E)) ............................................................ 36
Swing (11(C)) ................................................................................................................................. 18
-TTaping (51, 64)....................................................................................................................52, 83-92
Telephone – (See Touch Tone Telephone, below)
TELEVISING, RECORDING AND MOTION PICTURE (64) ....................................................83-92
Advance News Rule Taping (64(E)) ................................................................................. 88
B-Roll Footage: No Payment Required (64(G)(1)) ......................................................89-90
xiv
Subject (Rule)
Page Number
Use of (Payment Required) (64(G)(2)) ................................................... 90
Cast Albums (64(B)).......................................................................................................... 83
Commercials (64(C))....................................................................................................86-87
Documentary (64(H)) ........................................................................................................ 91
During Performance (64(A)).............................................................................................. 83
Notice to Broadcast Media and Press Agents (64(F)) ...................................................... 89
Payment for Live or Taped Promotional Appearances (64(J)) ......................................... 92
Session Fees (64(I)).......................................................................................................... 92
Subsequent Use (64(E)) ................................................................................................... 88
T.V. Newscast, Three-Minute Excerpt (64(D) & (64(E)) ..............................................87-88
T.V. or Radio Spot Commercial (64(C))............................................................................ 86
Use of Footage after Expiration Date of Contract (64(K))................................................. 92
Web Sites (64(G)(1)(b)) .................................................................................................... 89
Term of Agreement (See Duration of Agreement)......................................................................... 89
TERM OF EMPLOYMENT (65) ..................................................................................................... 92
Short Term Replacement (32(H), 39(A)(2), 39(A)(3))................................................. 39, 41
TERM RIDER (66) ......................................................................................................................... 93
Salary for (58(A))..........................................................................................................67-70
TERMINATION (67) ..................................................................................................................93-96
Actor Not Allowed To Work Out Notice (67(H)) ................................................................ 96
After Opening (67(D), 67(G)) .......................................................................................94-95
Before Rehearsals (67(C))................................................................................................ 93
Company Closing (67(F) & 67(G)) .................................................................................... 95
Deputy (21) ....................................................................................................................... 30
During Rehearsals (67(C))................................................................................................ 93
Individual (67(A) - 67(E))..............................................................................................93-94
Illness (32(A) & (32(B)) ..................................................................................................... 36
Intoxication (54(C)(2)) ....................................................................................................... 60
Just Cause (67(E)) ............................................................................................................ 94
Lost Performances (46(D)(1)) ........................................................................................... 48
Lost Rehearsals (52(O)(3)) ............................................................................................... 59
Military Service (38) .......................................................................................................... 41
Notice (67)....................................................................................................................93-96
Notice in Writing (67(A) & 67(B)) ...................................................................................... 93
Opening Not Scheduled (67(C)(5)) ................................................................................... 94
Rights after Notice of Termination (67(I)).......................................................................... 96
Term Rider (66)................................................................................................................. 93
Time Limit for Lodging Claims (12(B)) ........................................................................................... 18
Toilet and Lavatory Facilities (4(E)(2)(b), 57(C)(2), 57(D)(7)) ........................................... 12, 62, 64
Touch-tone Telephone (4(E)(2)(e), 57(C)(5) & 57(D)(2)) ................................................. 12, 62, 63
TRANSFERS (68) .....................................................................................................................96-97
Twi-night Performances:
Rest Period (56(B)) ........................................................................................................... 61
Scheduling (46(A)(2))........................................................................................................ 47
-UUNDERSTUDIES (69) ..............................................................................................................97-98
Announcements (10)......................................................................................................... 17
As Cast (15(B)) ................................................................................................................. 23
Attendance at Performances (69(C)) ................................................................................ 97
Biography (10(A)(3)) ......................................................................................................... 17
Contracts (15(B), 69(A) & 69(B)) ............................................................................... 23, 97
Costumes (13(J)) .............................................................................................................. 21
Definition, Recognition (Preamble, 20(A)(4)) ................................................................ 1, 29
For Chorus (11(B), 69(A)(1) & 69(B)) ......................................................................... 18, 97
xv
Subject (Rule)
Page Number
For Principal (69(A)).......................................................................................................... 97
Limitations (69(G)) ............................................................................................................ 98
Listed in Program (69(E)).................................................................................................. 98
One Company (69(F)) ....................................................................................................... 98
Rehearsal (52(D)(1), 62(F), 69(C)) ....................................................................... 54, 79, 97
Rehearsal Salary (52(F)(3), 58(B)(3) & 58(B)(4)) ....................................................... 56, 72
Required to Perform (69(D)) ............................................................................................. 98
Requirements (69(A))........................................................................................................ 97
Salary (58(A), 69(A)(2) & 69(B)) ......................................................................67-70, 97, 97
Swing (11(C)) .................................................................................................................... 18
Unemployment Insurance (61(C), 61(D), 61(E))............................................................................ 78
UNION EMBLEM (70) .................................................................................................................... 98
UNION SECURITY (71) ................................................................................................................. 98
Unpaid Leave for Compelling Circumstances (32(F)).................................................................... 38
-VVacation Replacements (72(E))..................................................................................................... 99
VACATIONS (72) ....................................................................................................................99-100
Valuables (50) ................................................................................................................................ 51
Ventilation (4(E)(2)(d), 57(C)(4), 57(D)(6)(g), 57(D)(9)(f)) .......................................... 12, 62, 64, 65
Video Taping (64)......................................................................................................................83-92
VOLUNTARY CLASSES (73) ...................................................................................................... 100
VOTE, SECRET (59) ..................................................................................................................... 77
-WWaiver or Release of Claims (12(A)) ............................................................................................. 18
Wardrobe (13) ...........................................................................................................................19-22
Weapons (33(B)), (62(F)), (62(K)) ........................................................................................... 39, 79
Week (20(G), 31(F), 46(A)(1))............................................................................................ 30, 36, 47
Web Sites (64(G)(1)(b)) ................................................................................................................. 89
Weekly Gross (58(A) & 58(C)) ............................................................................................67-72, 73
Weekly Reports: Box Office (58(F)) ............................................................................................... 74
Pension, Health and 401(k) (55) ....................................................................................... 60
Worker's Compensation (33(A))..................................................................................................... 39
Supplemental Workers’ Compensation Insurance (31(E)) ............................................... 36
Workshop Prohibited (Preamble: Off Broadway Area), (20(E)(2))............................................. 1, 29
Written Notice of Termination (67(A) & 67(B))............................................................................... 93
xvi
Subject (Rule)
Page Number
AGREEMENT GOVERNING EMPLOYMENT OFF-BROADWAY
QUICK REFERENCE FOR RULES PERTAINING TO MUSICALS
RULE #
NAME
PAGE #
2(C)
AGENTS
5
4
4(A)
4(B)
4(D)
4(E)(2)(f)
4(E)(2)(g)
AUDITIONS
General Rules.
Equity Auditions: General Provisions for Principals and Chorus
Equity Chorus Provisions.
Safe and Sanitary
Floors for Dancing
6
6
6
11
12
12
5
5(A)
5(E)
BILLING AND PROGRAMS
House Boards
Program and Souvenir Program
13
13
14
11
CHORUS: ADDITIONAL COMPENSATION PROVISIONS
18
13
13(C)
13(F)
13(G)
13(J)
CLOTHES AND MAKE-UP
Shoes and Dancing Shoes.
Knee Pads and Protective Clothing.
Skin Parts.
Costumes for Understudies and Swings.
19
20
21
21
21
18
DANCE CAPTAIN
28
20
DEFINITIONS
29
21(A)
DEPUTIES AND REPRESENTATIVES
30
33(B)
EXTRAORDINARY RISK
36
42
NUDITY
44
43(A)
NUMBER IN CAST
46
47(C)(3)
PHOTOGRAPHS AND PUBLICITY
49
52
52(E)(1)
52(I)
52(L)
REHEARSALS
Rehearsal Hours After Official Opening
Rehearsal Pianist
Notes
53
55
58
58
57
SAFE AND SANITARY CONDITIONS OF EMPLOYMENT
57(C)(6)
Rehearsal Spaces
57(D)(7)(c) Performance Spaces
63
63
64
58
SALARIES
58(K)(4)(b) Set Moves.
67
75
63(C)
80
STAGE MANAGERS AND ASSISTANT STAGE MANAGERS
xvii
Subject (Rule)
64
Page Number
TELEVISING, RECORDING AND MOTION PICTURE
83
64(B)
Cast Albums.
64(G)(2)(h) Music Video and Infomercial
64(J)
Payment for Live Television Promotional Appearances.
83
90
92
69(A)(1) & 69(A)(2) UNDERSTUDIES
97
69(B)
97
Understudy to Chorus Playing a Part
xviii